Modified: July 12, 2019 8:03am
Erie County District Attorney John J. Flynn announces that 36-year-old Frank Nelson, III, also known as “Nitty,” of Buffalo was arraigned before Erie County Court Judge Kenneth Case on an indictment charging him with one count of Murder in the Second Degree, a Class “A-1” felony, and one count of Criminal Possession of a Weapon in the Second Degree, a Class “C” felony. The defendant was arraigned on Wednesday, July 10, 2019.
It is alleged that on December 6, 2018, at approximately 8:38 p.m., the defendant shot 31-year-old Benjamin Babiak of Cheektowaga 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 is scheduled to return on Tuesday, August 20, 2019 at 2 p.m. for a motion argument. He remains held without bail.
If convicted on all charges, Nelson faces a maximum of 25 years to life in prison.
DA Flynn commends Det. Sgt. Charles Lundin and Detective Adam Stephany of the Buffalo Police Department for their work in the investigation.
The case is being prosecuted by Assistant District Attorney Eugene T. Partridge of the DA’s Homicide Bureau.
As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.