Eain Clayton Brooks
March 11, 2008 - September 17, 2013

Eain Clayton Brooks was said to be a happy little boy and his father and grandmother want to know why did all they could do to help him, yet he ended up dead anyway:

"They did nothing. Everything was unfounded or you call them on Monday at 8:00, they
don't show up till the next morning. By the time he's a five year old child, you give him
a piece of candy and a slice of cake, he loves you, he's your best friend again. They're
going to hear from me and a lot of lawyers. you get 19 call, 19 calls can't be unfounded.
Something has to be behind those 19 calls"
Kyle Charette - Father

"I told him what is it going to take, for Eain to be dead before you finally open your eyes
and do something. He didn't care, he more or less looked at me and laughed in my face"
Robin Hart - Grandmother

Kyle and Robin had not even been able to see Eain since his 5th birthday in March and they didn't even know where he lived or a phone number to call. Nora Brooks, the mother Eain had blocked her Facebook page so that no one in the family could find her, none of them knew where she was.

Kyle and Robin say that Nora had never been around to witness the abuse that they say started in January and the Matthew Kuzdzal, her 26 year old boyfriend had been isolating her from her family and friends. Kyle didn't fell his son was in a safe environment with Matthew, he was right because Matthew ended up killing Eain:

"He'll smile in your face. Next day, he's beating the kid in the head. Her being
very easily manipulated was definitely a key factor. I know she's starting to
realized now that she could have done something else"

Matthew was arrested and changed his story several times saying that Eain had fallen down the stairs while carrying laundry, then he said that while Eain he had pushed him and he fell and hit his head on the bathtub because Eain had been misbehaving and had wet his pants.

“There are currently two ongoing investigations into this tragic death, one being
conducted by Child Protective Services, as required by law, and one a criminal
investigation. We are prohibited by law from commenting on any aspects of this
case at this time, or for that matter any other CPS case. Like all people, we
grieve the passing of this child"
Statement From The County

In his closing arguments, Assistant District Attorney James Bargnesi called what Matthew had done, wicked and despicable saying that Matthew had a total disregard for the value of a human life. James spoke for about 45 minutes before telling the jury:

"The duty you owe to this defendant is no greater than the duty you owe to Eain
Brooks, his family and the people of Erie County"

The Defense had said there wasn't enough evidence that Matthew had sexually assaulted Eain and that he had lost patience with the child and something bad had happened, but he didn't murder him he told the jury:

"Matthew sat in court an innocent man at the beginning of this trial and sits
here today and innocent man"

The Medical Examiner testified that fatal injury given to Eain had required significant force and compared that force to a fall from a 20 story building. Eain had bruises on his back and shoulders as well as abrasions on his hips as well as injuries in and around his rectum.

Matthew had apparently pushed Eain so hard towards a bathtub because he had we this pants, that he had fallen backwards and hit his head on the tub. Matthew had apparently then left to go run errands. James Bargnesi said that the fact that Matthew had not taken Eain to get medical help showed that he had a deprave indifference for Eain's life:

"You push a 5-year old so hard that he hits his head against the tub and suffers
a fractured skull, knocking him out, leaving him gasping for air and suffering a
seizure and don't call immediately for help"

Dr. Katherine F. Maloney, Chief Medical Examiner, testified that Eain died from blunt impact injuries to his head and that since he didn't get medical treatment, he had died from his injuries. Doctors at Women And Children's Hospital said that Eain's body temperate was so low upon arrival, that he must have been dead long before Matthew had called 911 at 7:30 that evening.

Matthew had admitted that he had done Heroin that day and on a daily basis, saying that he had pushed Eain before 7:00 p.m. and had spent about a half hour trying to do CPR on him before he sent a text to Nora asking her what he should do.

In October of 2014, Matthew Kuzdzal, by then 27 years old, was found guilty by a jury after several days of testimony. Matthew was convicted of second degree murder and predatory sexual conduct of Eain. State Supreme Court Justice Christopher J. Burns sentenced Matthew to 50 years in prison for what he did to this little Angel.

Robin Hart, who is Nora's mother, said that more could have been done to help Eain and that his death could have been prevented, she blamed her daughter and CPS for falling her grandson by not acting on the complaints that they had been making for about eight months prior to his death. District Attorney Frank A. Sedita lll would not act on calls to prosecute Nora for not helping her son:

"Ms. brooks did not participate in the defendants crimes, did not assist the
defendant in committing these crimes and was not present when the crimes

Frank said she was not criminally responsible and that there was not enough evidence to prove she had done any wrong.

Going backwards, in October of 2013, there was a change at CPS when Mark C. Poloncarz, County Executive fired two Caseworkers and disciplined two Supervisors in regards to the handling of Eain's case:

"It's sad that there are children beaten to death in our community and we need to
do everything possible to prevent that from occurring"

Mark then made it clear that steps were going to be taken to make sure that workers took responsibility for their actions. Investigators had cleared Matthew on wrongdoing in the injuries that Eain had even after complaints kept coming in. Robing was happy to hear about the changes:

"I can't explain how happy I am. It is a start, it is a start. They lost their jobs
but they still need to answer for it in my eyes. I'm waiting for an apology or
remorse. It won't be Eain back, but it's the point of it. Stand up and admit
you did wrong"

Eain's family started a foundation to help with child abuse awareness: Eain's Echo


Eain Clayton Brooks
Born:Tue., Mar. 11, 2008
Tue., Sep. 17, 2013
Visitation: 2:00 PM to 4:00 PM, Fri Sep. 20, 2013
7:00 PM to 9:00 PM Fri, Sep 20, 2013
Location: Sandborn
Funeral Service: Sat., Sep 21, 2013

Eain Clayton Brooks, of Buffalo, NY, passed away on Tuesday, September 17, 2013, in Women's & Children's Hospital, Buffalo.   He was born in Buffalo, NY,& on March 11, 2008, the son of Nora Brooks and Kyle Charette.

Eain attended Gateway Longview School and was in kindergarten at Buffalo School 90.

He will be remembered for his smile and his loving personality, earning him the name Love Bug.

Eain enjoyed being with his family, swimming, music and camping.

In addition to his parents he is survived by a brother Jaxson Bangcroft-Billings, two sisters Sophia Virginia Basher and Amillianna Jade Irene Brooks, his grandparents Robin V. Hart, John Clayton Brooks, Robert Jackson, Al and Tammie Garcia,  great grandparents Clayton Brooks, Timothy and Carolyn Spring-Baker. He is also survived by many aunts, uncles and cousins.

The family will be present on Friday from 2-4 & 7-9 PM at the RHONEY FUNERAL HOME, 5893 Hoover Road, SANBORN, NY, where funeral services will be held at a time to be announced.

Memorials may be made in his name to Gateway Longview Foundation, 6350 Main Street, Williamsville, NY 14221.

Interment at Niagara Falls Memorial Park Cemetery,  Lewiston, NY.

Published in the Buffalo News on Sept. 19, 2013

This obituary was found here: Buffalo News - Obituaries

This page was created on December 23, 2014
Death occurred in the state of New York

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