Dad jailed for fatally shaking three-month-old son

A man who fatally shook his 14-week-old son, three days after hitting him on the back of the head in a KFC restaurant, has been jailed for nine years.

CCTV footage played at Birmingham Crown Court showed Gareth Stark, 38, striking Leon Stark while his mother's back was turned at the branch in Stafford on 9 October 2023.

The father, from Masefield Drive in the town, who later had sole care of the baby, contacted emergency services on 12 October and Leon was breathing "not as he should", the court heard.

The infant, who had head, eye and spine injuries, died at Birmingham Children's Hospital eight days later. Stark later admitted manslaughter and battery.

Prosecutor Lisa Hancox, who said the fatal shaking took place on 12 October, stated Leon was taken to the Royal Stoke University Hospital and later Birmingham.

The medical cause of death was traumatic head injury, she said.

Stark pleaded guilty in January to charges of battery and manslaughter on the basis that he was unable to stop Leon crying and momentarily shook him in frustration, causing his death.

Judge Paul Farrer KC said he accepted Stark did not intend to cause injuries in KFC.

But he stated the assault was an aggravating feature of manslaughter and: "It demonstrates that your actions on the 12th of October were not an isolated occurrence."

Another aggravating feature was that Stark was Leon's father, was caring for him and acted "in gross breach of trust", Farrer said.

The court heard Stark had a previous conviction for criminal damage, receiving a conditional discharge and the judge said he was still subject to that in October.

Justin Jarmola, defending, said Leon's father had a "long history of mental illness", there was a "momentary shake" and "guilt shall be with him forever".

He added: "Mr Stark, through me, immediately wishes to express his absolute and unqualified apology to all of Leon's family, many of whom are here today."

In a victim impact statement read to the court, Leon's mother, Lauren Willey, said her life "horrifically fell apart" on the day her "beautiful and handsome" baby died.

"I believed Gareth Stark would never cause harm to anyone," she said.

James Leslie Francis, from the Crown Prosecution Service, said Stark "misled paramedics and investigators, claiming he had simply found Leon unresponsive".

He stated it was only through "meticulous police investigation, expert medical evidence, and CCTV footage" that the truth came to light.

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