Drunk Driver Pleads Guilty for Killing Skateboarder

Erie County District Attorney Michael J. Keane announces that Brian M. Borth, 29, of Tonawanda, pleaded guilty this morning before State Supreme Court Justice Paul B. Wojtaszek to one count of Manslaughter 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). Borth, who was not offered a reduced plea, entered a guilty plea to all counts in the indictment.

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 when he hit a man who was riding a skateboard. The skateboarder was also traveling in the southbound lane when he was hit from behind by the vehicle near the intersection of Fargo Avenue. The victim, 21-year-old Allen Angel Ruiz, was pronounced deceased at the scene.

The defendant recklessly caused the death of the victim and left the scene without reporting the incident to police. After the initial impact, the defendant lost control of the vehicle, hit a parked vehicle in the northbound lane and crashed into a home. After colliding with the house, the defendant exited the vehicle and ran away from the scene. A short time later, responding police officers found the defendant nearby in the vicinity of West Avenue and Albany Street. He was taken by ambulance to ECMC where he was treated for minor injuries.

The investigation determined that the defendant was operating the vehicle while under the combined influence of alcohol and a drug. Borth was also driving at a high rate of speed prior to the crash.

Borth faces a maximum of 15 years in prison when he is sentenced on Friday, August 14, 2026, at 9:30 a.m. Our prosecutor requested that the defendant be remanded while pending sentence. He was released under supervision.

DA Keane commends Officer Mark Andrzejak, Officer Corey Krug, Officer Jason Heidinger, Officer Cristian Cirino and Officer Elnur Karadzha of the Buffalo Police Department as well as the Buffalo Fire Department for their work in this investigation.

The case was prosecuted by Assistant District Attorney Christine O. Murray and Assistant District Attorney Christopher M. McCarthy of the Vehicular Crimes Bureau.