Drunk Driver Sentenced for Killing Skateboarder on Buffalo's West Side

Erie County District Attorney Michael J. Keane announces that Brian M. Borth, 30, of Tonawanda, was sentenced this morning before State Supreme Court Justice Paul B. Wojtaszek. Borth received an indeterminate sentence of 4 to 12 years in prison. As a condition of the sentence, his New York State driver's license was revoked.

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 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. The evidence showed that the vehicle was traveling at 111 mph seconds before hitting the skateboarder.

In May 2026, Borth pleaded guilty 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). The defendant, who was not offered a reduced plea, entered a guilty plea to all counts in the indictment.

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. DA Keane also commends the work of victim advocate Cathy Mitchell.

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