Tony Bartlett, 39, of Axminster, Devon, has been sentenced to life imprisonment with a minimum term of 18 years for the murder of his four-week-old son, Atticus. The baby died in hospital on July 23 2022 after collapsing at the family home in Chard, Somerset, on July 16.
A jury at Bristol Crown Court convicted Bartlett of murder, finding that he violently shook Atticus, causing severe internal injuries to the baby's brain and spinal cord.
Judge describes drunken rage
Mr Justice Cavanagh told Bartlett, a former postman, that he was “very drunk” during the fatal attack. “I have no doubt that this terrible tragedy would not have happened if you were not so heavily intoxicated,” the judge said.
Bartlett had been feeding Atticus with a bottle, and the baby was bringing up milk. “In your drunken state, Atticus’s inability to take the bottle as well as you thought he should enraged you,” the judge stated. “You had a sudden fit of anger. You vented that anger on your tiny baby son. You shook him very violently indeed, gripping him very tightly round his ribcage.”
The shaking lasted only a few seconds or at most a minute. “Just in that brief moment, you wanted to cause Atticus serious injury,” the judge added. “As suddenly as you began, you stopped, your anger evaporated, and then you dozed off.”
Events leading to the attack
On the evening of the attack, Bartlett and his then-partner, Evelyn Ballentyne, Atticus’s mother, had gone to a pub and comedy club. Ms Ballentyne’s mother, Rachel Donovan, and her husband cared for Atticus at the family’s home on Darcis Row, Chard. Over the evening, Bartlett drank 8.5 pints of lager before returning home with Ms Ballentyne.
Charles Row KC, prosecuting, told the court that Bartlett had been “drunk and frustrated” when he attacked his son. “Evelyn Ballentyne went upstairs for a few minutes, leaving Atticus in the defendant’s sole care,” Mr Row said. “When she returned, Atticus was lying face down across the defendant’s lap. She said ‘he’s dead, he’s not breathing’. She noted that the defendant appeared to be asleep or at least his eyes were closed.”
Bartlett flipped Atticus over, and the baby released two gasps before appearing floppy and lifeless. Emergency services took Atticus to Musgrove Park Hospital, then to Bristol Royal Hospital for Children. His brain damage was so severe that he did not regain consciousness or breathe on his own.
Impact on family
In a victim personal statement, Ms Ballentyne described suffering “severe anxiety” after Atticus’s death. “I will never know what kind of person Atticus would have become,” she said. “I will never see him hit milestones. I will never see him go to school. I will never see him grow up and have a family of his own.”
She continued: “Who plans their baby’s funeral? Who goes to the chapel of rest? I had to wait 11 hours and 18 minutes for Atticus to die. It was horrendous. I was scared to go out, I was scared to stay in. I don’t enjoy any moments because I have a dead son. It is mentally and emotionally draining all the time. It is awful.”
Ms Ballentyne’s mother, Mrs Donovan, told the court she wondered what Atticus would look like now and what toys he would like. “I just want one more day with Atticus,” she said. “I’m glad I had Atticus that night. He was loved and cuddled and had a lovely night with us. I just hope and pray he never knew what happened to him.”
Defence statement
Nigel Power KC, representing Bartlett, said his client had previously been a “good and caring parent” to his son. “This is not a case where there is intention to kill or premeditation,” Mr Power said.
