CCTV showed Gareth Stark hitting the three-month-old while his mother’s back was turned.
By Ella Bennett A father who fatally shook his three-month-old son days after he was caught on CCTV striking the back of the infant’s head at a branch of KFC has been jailed for nine years.
Gareth Stark had convinced his partner he would never cause harm to anyone before being left alone with Leon Stark, who died in hospital a week after suffering a deadly “constellation” of injuries, including brain damage caused by abusive head trauma. Stark, aged 38, 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.
CCTV played to Birmingham Crown Court on Friday showed Stark hitting Leon – while his mother’s back was turned – at a KFC branch in Stafford on October 9 2023. Opening the facts of the case against Stark, prosecutor Lisa Hancox said the fatal shaking took place on October 12 2023 and the infant died at Birmingham Children’s Hospital after it became clear that his brain injury was unsurvivable.
CCTV played to Birmingham Crown Court on Friday showed Stark hitting Leon . Ms Hancox said the CCTV footage of the earlier assault, which was played to the court with the permission of family members, showed the “deliberate and unlawful application of force on a baby three days prior to him being forcibly shaken by Mr Stark.
” The court heard Stark, of Masefield Drive, Highfields, Stafford, has one previous conviction for criminal damage, having smashed windows at a rented property. Passing sentence, Judge Paul Farrer KC accepted that the incident in KFC had not involved a forceful blow or an intention to cause injury, and was committed with an open hand.
But the assault was an aggravating feature of the offence of manslaughter, the judge said, adding: “It demonstrates that your actions on the 12th of October were not an isolated occurrence.
“It should have been obvious to you that forcefully shaking him was highly likely to cause at least serious injury. ” Defence lawyer Justin Jarmola told the court that Stark had a long history of mental illness and would never forgive himself for what he had done. Mr Jarmola said: “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 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 in the convincing lies that Gareth told about how desperate he was to have a family. ” Commenting on the case, James Leslie Francis, from the Crown Prosecution Service, said: “As a father, Gareth Stark had a fundamental duty to love and protect his son.
“Instead, he betrayed that trust in the most devastating way imaginable, causing injuries so severe that Leon did not survive. “It was only through meticulous police investigation, expert medical evidence, and CCTV footage that the truth of his offending came to light. “The Crown Prosecution Service will vigorously prosecute those who inflict harm on children and those who cannot protect themselves to ensure they face the full force of the law.
“We hope that seeing Gareth Stark sentenced today brings Leon’s family and loved ones a small measure of comfort at an incredibly painful time. ”
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