NEW ROCHELLE, N.Y. (CBSNewYork) — A New Rochelle man has been convicted of manslaughter in the 2011 death of his 2-year-old son.

Prosecutors said Richard Leak, 32, fractured the skull of his son, Khalil Leak, in January of 2011. The defense argued it was an accident.

“The severity of the abuse along with multiple and conflicting stories as to how the child sustained the fatal injuries belied the defendant’s protestations that the death was just ‘an accident,'” Westchester County District Attorney Janet DiFiore said in a statement.

On Jan. 9, 2011, prosecutors said Leak called his live in girlfriend who was not at home and told her that their son was not breathing.

The girlfriend then called a downstairs neighbor and asked her to check on Khalil. The neighbor went upstairs, found the boy unresponsive in apartment and called 911.

The boy was taken to the hospital where he later died, prosecutors said.

A few days later, Leak was arrested.

Leak was found guilty of manslaughter but not guilty of murder. He  faces up to 25 years in prison.

Sentencing has been set for June 12.

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