Erie County District Attorney Michael J. Keane announces that Benjamin Rodriguez, 43, of Buffalo, was sentenced this morning before Erie County Court Judge Suzanne Maxwell Barnes to 15 years in prison followed by 5 years of post-release supervision.

On Tuesday, 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 pleaded guilty to one count of Manslaughter in the First Degree (Class “B” violent felony). The defendant pleaded guilty, as charged, to the only count in the indictment against him on March 22, 2024.

DA Keane 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 Major Crimes Bureau and Assistant District Attorney Christine O. Murray of the Vehicular Crimes Bureau.