A federal judge has denied another motion from the defense of Payton Gendron, the man who killed 10 Black people in a mass shooting at a Buffalo Tops supermarket in May 2022, to allow federal prosecutors to continue seeking the death penalty.

Despite the ruling, there are other motions that haven't been ruled on that also challenge the death penalty charge, one calling it unconstitutional based on the shooter's age.

According to court documents, Gendron's lawyers argued that the government used the grand jury process to compel irrelevant evidence and that the government's grand jury questions covered a "wide range of topics having no relationship to the charges under consideration by the grand jury or the special findings it was asked to make."

The court ruled that Gendron and his defense team cited no precedent and dismissed the motion "without prejudice."

Jury questionnaires for a federal trial will be sent out in October of this year. The defense's new deadline for seeking a plea of insanity is Sept. 15.

Gendron is currently serving a lifetime prison sentence after pleading guilty to state charges.