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Buffalo man indicted on murder charge in December slaying of Cheektowaga man

A Buffalo man was indicted on murder and weapons charges Wednesday in a December 2018 homicide on the East Side, the Erie County District Attorney's Office announced.

Frank Nelson III, 36, also known as “Nitty,” was arraigned before Erie County Court Judge Kenneth Case on an indictment charging him with one count of second-degree murder and one count of second-degree criminal possession of a weapon.

If convicted on all charges, Nelson faces a maximum of 25 years to life in prison.

Prosecutors say that on Dec. 6, 2018, at approximately 8:40 p.m., Nelson shot 31-year-old Benjamin Babiak of Cheektowaga multiple times on the corner of Antwerp Street and Warring Avenue in Buffalo, just east of Bailey Avenue, between Doat and Genesee streets. Babiak, a father of two, died from his injuries a short time later.

Several minutes after the shooting and nearly 2 miles away, Buffalo police stopped Nelson III, who was driving a car at Bailey and Roosevelt avenues that matched the description of a vehicle seen in the area of the shooting. Police said a loaded 9-mm handgun was found under the driver's seat, and Nelson was held on a weapons possession charge.

Nelson is scheduled to return to court at 2 p.m. Aug. 20 for a motion argument. He remains held without bail.

Erie County District Attorney John J. Flynn commended 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.

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