Guilty Plea in East Side Homicide

Modified: February 10, 2020 9:44am

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Erie County District Attorney John J. Flynn announces that 37-year-old Frank Nelson, III, also known as “Nitty,” of Buffalo pleaded guilty before Erie County Court Judge Kenneth Case to one count of Manslaughter in the First Degree, a Class “B” violent felony. 

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 faces a maximum of 25 years in prison when he is sentenced on Friday, March 13, 2020 at 2:00 p.m. He remains held without bail. 

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 DA’s Homicide Bureau.