Arraignment Set for Kuzdzal in Death of Eain Brooks

November 13, 2013 Updated Nov 13, 2013 at 3:00 PM EDT

By Rachel Elzufon

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November 13, 2013 Updated Nov 13, 2013 at 3:00 PM EDT

Buffalo, NY (WKBW) - The man at the center of the case that put Erie County CPS under a microscope is set to be in court on Wednesday morning.

Matthew Kuzdzal is set to be arraigned on charges of Murder in the Second Degree and Predatory Sexual Assault Against a Child.

Prosecutors say Kuzdzal beat five-year-old Eain Brooks to death in September of 2013. They also allege that he previously sexually assaulted the boy.

Family members tell Eyewitness News that they tried reporting abuse to CPS in the household multiple times. Neighbors add they heard yelling coming from the house in the past, only to see bruises on Eain's neck the following day

Kuzdzal's attorney calls the case a "tragic accident," saying that his "client is heartbroken over the loss of a child he regarded as his own son."

If convicted, Kuzdzal faces 35-years to life in prison.