A mother testified in court about the moment her baby took 'two gasping breaths' before dying, as his father stands trial accused of shaking him. Atticus Bartlett, four weeks old, died in hospital after collapsing at the family home in Chard, Somerset, on 16 July 2022.
Mother's Testimony
Evelyn Ballentyne, Atticus's mother, gave evidence in the trial of Tony Bartlett at Bristol Crown Court. Bartlett, 39, denies murder and manslaughter. It is alleged that he violently shook Atticus while alone with him. Ms Ballentyne described hearing Atticus make 'two gasping noises' as she came downstairs. 'If you have ever watched someone pass away, towards the end of their life, they make funny noises and that's what he did,' she said. 'I then stared at Atticus for a couple of seconds and you could just tell that he had gone grey. He was dead. I don't know if I said 'he's dead' or 'he's not breathing'. I screamed.'
Ms Ballentyne stated that Atticus was lying face down on his father's knees and Bartlett 'flipped' him over. 'Atticus's head just flopped back, he wasn't alive,' she told the court. She sobbed as she recalled how Atticus's body was limp when turned onto his back. 'I just screamed and ran out of the house,' she said. 'I thought I rang 999 but I didn't.'
Prosecution and Defense
Prosecutor Charles Row KC asked Ms Ballentyne how often she reflected on that night. She broke down and responded: 'All the time.' The court heard she had previously said she gently shook Atticus to wake him, but she told the jury that was not accurate. 'My memory is very clear now of that night,' she added. Nigel Power KC, for Bartlett, suggested Ms Ballentyne tried to 'minimise' her actions, which she rejected. He asked: 'Tony didn't do anything to harm Atticus, did he?' Ms Ballentyne replied: 'Yes he did.'
Background
Earlier that evening, Atticus was cared for by his grandmother Rachel Donovan and her husband Andrew while Bartlett and Ms Ballentyne visited a pub and comedy club. Mr Row said Bartlett drank up to nine pints of beer and was left to feed Atticus while his partner went upstairs around 11pm. He claimed Bartlett violently shook Atticus, causing serious internal injuries to his brain and spinal cord. Multiple ribs were also fractured.
Neighbors and paramedics arrived after Ms Ballentyne raised the alarm. Atticus was taken to Musgrove Park Hospital and then to Bristol Royal Children's Hospital. His brain damage was so severe he could not breathe independently or regain consciousness. He died just before midnight on 23 July 2022. Bartlett, from Axminster, Devon, denies both charges. The trial continues.



