Father Pleads Guilty for Recklessly Causing the Death of His Infant Son

Friday, March 22, 2024

Erie County District Attorney John J. Flynn announces that 42-year-old Benjamin Rodriguez of Buffalo pleaded guilty this morning before Erie County Court Judge Suzanne Maxwell Barnes to one count of Manslaughter in the First Degree (Class "B" violent felony). The defendant pleaded guilty to the only count in the indictment against him.

On December 20, 2022, police and paramedics responded to a residence on Crestwood Avenue in the City of Buffalo after receiving a 911 call for an unresponsive baby. The victim, 5-month-old Micah Rodriguez, was transported by ambulance to Oishei Children's Hospital where he later died from his injuries. The investigation determined that the defendant recklessly caused the death of his infant son by violently shaking the baby, which resulted in blunt impact injuries to his head and neck.

Rodriguez faces a maximum sentence of 25 years in prison when he is sentenced on Tuesday, July 23, 2024 at 9:15 a.m. He remains held without bail.

DA Flynn commends Detective Scott Malec and Detective Mark White of the Buffalo Police Department for their work in this investigation.

The case was prosecuted by Chief Ashley M. Morgan of the Felony Trials Bureau and Assistant District Attorney Christine O. Murray of the Vehicular Crimes Bureau.