Man Indicted in Death, Sexual Assault of Eain Brooks

November 12, 2013 Updated Nov 13, 2013 at 6:52 AM EDT

By Rachel Elzufon

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Man Indicted in Death, Sexual Assault of Eain Brooks

November 12, 2013 Updated Nov 13, 2013 at 6:52 AM EDT

Buffalo, NY (WKBW) - On Tuesday, the Erie County District Attorney's Office announced that 26-year-old Matthew Kuzdzal has been indicted for Murder in the Second Degree and Predatory Sexual Assault Against a Child.

Prosecutors say that on September 15th in Buffalo, Kuzdzal beat five-year-old Eain Brooks to death. Kuzdzal is also accused of sexually assaulting Brooks.

Kuzdzal dated the mother of Eain Brooks. Family memebrs tell Eyewitness News they tried calling CPS to report that Kuzdzal was abusing the child.

Two case workers at the Erie County Child Protective Services have been terminated as a result of this case. Two supervisors have also been suspended.

If convicted, Kuzdzal faces a maximum sentence of 35-years to life in prison.