Accused Drunk Driver Indicted For Leaving The Scene After Fatally Injuring Skateboarder On Buffalo’s West Side

Brian Borth

Erie County District Attorney Michael J. Keane announces that Brian M. Borth, 29, of Tonawanda, was arraigned this afternoon before Erie County Court Judge Suzanne Maxwell Barnes on an indictment charging him with one count of Man slaughter in the Second Degree (Class C felony), two counts of Vehicular Manslaughter in the Second Degree (Class D felonies) and one count of Leaving the Scene of an Incident without Reporting Resulting in Death (Class D felony under New York State Vehicle & Traffic Law).

It is alleged that on Wednesday, May 8, 2024, at approximately 12:40 a.m., the defendant was driving a vehicle south on Niagara Street in the City of Buffalo. The defendant is accused of hitting a man on a skate board, who was also in the southbound lane, with his vehicle near the intersection of Fargo Avenue. After the initial impact, the defendant allegedly lost control of the vehicle, hit a parked vehicle in the north bound lane, crashed into a home then exit ed the vehicle and ran away from the scene. A short time after the crash, police found the defendant nearby in the vicinity of West Avenue and Albany Street. He was transported to ECMC to where he was treated for minor injuries.

The victim, 21-year-old Allen Angel Ruiz, was pronounced dead at the crash site. The defendant is accused of reck lessly causing the death of the victim and leaving the scene without reporting the incident to police. The defendant was allegedly operating the vehicle, while under the combined influence of alcohol and a drug, at a high rate of speed prior to the crash.

Borth was held without bail. A return court date has not been scheduled at this time. If convicted of the highest charge, Borth faces a maximum sentence of 15 years in prison. DA Keane commends Officer Mark Andrze jak, Officer Corey Krug, Officer Jason Heidinger, Officer Cristian Cirino and Officer Elnur Karadzhaev of the Buffalo Police Department as well as the Buffalo Fire Department for their work in this investigation. The case is being prosecuted by Assistant District Attor ney Christine O. Murray and Assistant District Attorney Christopher M. McCarthy of the Vehicu lar Crimes Bureau. As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.