BUFFALO, NY - The man accused of killing his girlfriend's 5 year old son was in court Tuesday afternoon.
26 year old Matthew Kuzdzal is charged with second degree murder in the death of 5 year old Eain Brooks. The defense waived a preliminary hearing. So, the case will go to a grand jury.
Defense Attorney Robert Cutting had this to say after today's proceedings, "I think this case has been blown out of proportion. I think it could best be described as a tragic accident not an intentional killing. I think my client is heartbroken over the loss of a child that he regarded as his own son."
Cutting would not discuss any details of the case. Police say a rescue call came from the home of Eain Brooks on Albany Street on a Sunday and he died the following Tuesday. An autopsy found that the boy died from blunt force trauma to the head. Family of Eain Brooks claim they reported abuse on several occasions to Child Protective Services.
Kuzdzal's Attorney is aware of comments made by family after the boy's death. He said, "As a human being I feel deeply for them, and it's very understandable that they are very upset under the circumstances. That does not mean that my client is guilty of what he is accused of doing. It just means that an entire family has lost a beautiful child."