Erie County District Attorney John J. Flynn announces that 41-year-old Benjamin Rodriguez of Buffalo was arraigned this morning before State Supreme Court Justice Debra Givens on an indictment charging him with one count of Manslaughter in the First Degree (Class “B” violent felony).
The defendant is accused of recklessly causing the death of his infant son. It is alleged that 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.
Rodriguez was held without bail. A return court date has not been scheduled at this time.
If convicted of the highest charge, Rodriguez faces a maximum sentence of 25 years in prison.
DA Flynn commends Detective Scott Malec and Detective Mark White of the Buffalo Police Department for their work in this investigation.
The case is being prosecuted by Chief Ashley M. Morgan of the Felony Trials Bureau.
As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.