A postal worker killed his son by violently shaking him after returning from a night out, a court has heard. Tony Bartlett, 39, denies murder and manslaughter charges in connection with the death of Atticus Bartlett, who was four weeks old when he collapsed at his home in Chard, Somerset, at about 11pm on July 16, 2022. He was rushed to hospital in a critical condition but never regained consciousness and died on July 23.
Prosecution's Case
Prosecuting, Charles Row KC told the jury of six men and six women that Atticus had previously been "fit and healthy." The baby boy had been looked after by his grandparents while his parents, Bartlett and his partner Evelyn Ballentyne, went out for the evening.
"It is the Crown's case that, having been on a night out and having consumed up to nine pints of beer, Tony Bartlett was left to look after and feed Atticus for just a few moments while Evelyn went upstairs to change and get ready for bed," Mr Row said. "In those few moments, Tony Bartlett violently shook his child so hard that he caused severe internal injuries to Atticus' brain and he damaged his spinal cord. In doing so, he must have squeezed his child so hard that he cracked several ribs."
Mr Row described how Ms Ballentyne came downstairs to hear her baby's "last gasps." "At that point, Atticus was lifeless, face down and across his father's knees," Mr Row said.
Medical Response
The court heard neighbours and paramedics attended the property, with Atticus taken to hospital by ambulance. "The damage to Atticus' brain was so severe that nothing could be done," Mr Row told the jury. "He never managed to breathe for himself again and he never regained consciousness. Tragically, he died just before midnight on July 23, 2022."
Mr Row informed the jury that "something" that evening had caused Bartlett to become "frustrated" with his young son. He said the infant was a "difficult and messy feeder" with a tendency to spit out his milk. That night, Atticus had been "grizzly and crying" on and off.
Mr Row said: "Whatever happened, Tony Bartlett could not and did not tolerate it. It is the Crown's case that, in that moment, Tony Bartlett shook Atticus so hard that he must have intended to cause him really serious bodily harm. If you shake a four-week-old baby with so much force that you break ribs and destroy his brain, what other intention is there?"
Events of the Evening
The court heard that on the evening of July 16, Ms Ballentyne's mother and her partner had come to babysit Atticus so his parents could go out for the first time since his birth. They arrived at the family home at about 6pm, with Bartlett and Ms Ballentyne then heading to The Cerdic pub for food and drinks. The pair then attended a comedy night at Chard Guildhall, returning to their home at about 10.45pm.
After Ms Ballentyne's mother and her partner left, Ms Ballentyne went upstairs to get changed. "When Ms Ballentyne returned to the living room, she discovered Atticus lying face down on Mr Bartlett's lap," Mr Row said. "Mr Bartlett's eyes were closed. She could tell something was seriously wrong. As she walked in, Atticus made a couple of strange gasping sounds. She immediately shouted 'he's dead.'"
Bartlett, who was employed as a postman at the time, allegedly shifted Atticus onto his back – with the baby "floppy and lifeless." Mr Row said it remained unclear whether Ms Ballentyne had lifted Atticus and attempted to revive him with "gentle shaking." The possibility this could have caused his fatal injuries has been "considered carefully by experts and ruled out," he added.
Defense and Trial
Paramedics reached the family home at 11.29pm, with Atticus rushed to Musgrove Park Hospital by ambulance, arriving there at 12.16am. He was transferred to Bristol Royal Hospital for Children at 5am on July 17. He died there on July 23.
During police interviews, Bartlett claimed he had been feeding Atticus when the baby began coughing and choking. The postman informed officers he was rubbing and patting his son before he "decided to put him on my knee and shake him a little bit on my knee." However, he now maintains this is not the case and any non-accidental injury must have been inflicted by Ms Ballentyne, Mr Row told jurors. "It is his case that he bears no responsibility for Atticus' death whatsoever," he added.
Bartlett, of Axminster, Devon, denies the two charges against him and the trial continues.
