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Erie County District Attorney

12/02/2021 | News release | Distributed by Public on 12/02/2021 15:26

Buffalo Man Sentenced for Fatally Shooting Victim in City's Schiller Park Neighborhood

Erie County District Attorney John J. Flynn announces that 39-year-old Frank A. Nelson, III, also known as "Nitty," of Buffalo was sentenced this afternoon by Erie County Court Judge Kenneth Case to a determinate sentence of 23 years in prison followed by 5 years of post-release supervision.

On December 6, 2018, at approximately 8:38 p.m., the defendant shot 31-year-old Benjamin Babiak multiple times on the corner of Antwerp and Warring Streets in the City of Buffalo. The victim died from his injuries a short time later.

Nelson pleaded guilty to one count of Manslaughter in the First Degree (Class "B" violent felony) on February 7, 2020.

DA Flynn commends Det. Sgt. Charles Lundin and Detective Adam Stephany of the Buffalo Police Department for their work in the investigation.

The case was prosecuted by Assistant District Attorney Eugene T. Partridge of the Homicide Bureau.