According to Associated Press, on Thursday (August 14) a judge is scheduled for a hearing regarding the "flawed" grand jury, which largely consists of white jurors. Gendron is alleged to have slain ten victims and wounded three individuals at Tops Supermarket in 2022, targeting the Buffalo location in a predominately Black neighborhood.

Attorneys for the white supremacist gunman who killed 10 Black people at a Buffalo supermarket said that federal charges should be dropped due to a lack of minority representation on the grand jury.