BUFFALO, N.Y. (WIVB) — Attorneys representing the man who killed 10 Black people at Tops on May 14, 2022 are continuing their arguments that the federal case against him should be dropped. They argued on Tuesday that justice has already been served since Payton Gendron already pleaded guilty to state charges. He has already been sentenced to life in prison without the possibility of parole. They also asked whether the U.S. Attorney General's certification approving a death penalty sentence can be reviewed. Gendron's attorneys, a team of public defenders, argued earlier this year that he should be exempt from the death penalty due to his age, 18 at the time of the crime. He is now 21 and is serving his sentence at Livingston County Jail. If the death penalty is taken off the table, he would serve the same life sentence that he is already serving on the state charges. Gendron drove over three hours from Conklin, N.Y. to Buffalo to commit the crime. He had planned out his actions before the shooting and sought out a neighborhood with a high Black population. His federal trial is tentatively scheduled to begin on Sept. 8, 2025. Families of the victims said he should be federally prosecuted. "Without federal prosecution, there would be no disclosure of the discovery. There would be no disclosure of the discovery, all the evidence procured in this case," said Garnell Whitfield, whose mother Ruth was among the 10 killed. "I very much believe that that's in the public interest to have that revealed." Gendron was not present in court on Tuesday. Federal judge Lawrence Vilardo recently ruled that he did not have to be in court, but ordered Gendron to write and sign an affidavit saying he understands he has the ability to be in court, but waives his right to appear. Latest Local News Attorneys representing Tops mass shooter continue trying to get federal case dismissed Haunted attraction in Cheektowaga donating proceeds to local charity NYSDOT proposes improvement project to portion of Milestrip Road in Hamburg Jury finds property owner, tenants of Bethlehem Steel site negligent in 2016 fire Five Catholic churches in Buffalo to be granted landmark status Aidan Joly joined the News 4 staff in 2022. He is a graduate of Canisius College. You can see more of his work here. Marlee Tuskes is an award-winning anchor and reporter who has been part of the News 4 team since 2019. See more of her work here and follow her on Twitter.