Man who killed his baby son in Ayr jailed for 12 years
Brian Penn shook 7-week-old Kaleb and inflicted blunt force trauma on him in 2017
A man who killed his seven-week-old baby son in Ayr has been locked up for 12 years. Brian Penn carried out the fatal attack on tiny Kaleb Penn at his home on November 1, 2017.
The 30-year-old tried to blame the boy’s mum Kelly Ann Cope for what happened, but a court heard Penn violently shook Kaleb and inflicted an unknown blunt force trauma on him.
The stricken child was found to have suffered a skull fracture, a bleed to the brain, a serious brain injury and fractured ribs.
Penn initially claimed his son suffered a "choking episode"
Penn initially claimed to medics the boy had suffered a "choking episode" but he died two days later in hospital.
Penn was found guilty at the High Court in Glasgow of culpable homicide and a separate charge of assault to Kaleb's severe injury and danger of life.
He had originally been charged with murder and a further allegation of attempted murder.
"His life was cut tragically short"
Judge Lord Weir told Penn at sentencing that Penn inflicted wounds on a "vulnerable baby lost to his family forever."
The judge added: "When Kaleb was born he could have expected without realising it the loving parental care and nurture so vital to such helpless infants.
"The jury were satisfied that you inflicted blunt force trauma injuries to his head and body to sufficient seriousness fractures appeared on an x-ray.
"The physical assaults you carried out were the antithesis for the care Kaleb looked to you for and his life was tragically cut short."
Penn told Kaleb's mum the baby had choked on prune juice
Kaleb's mum Kelly-Ann Cope, 31, told jurors in evidence Penn woke her up on the morning of his death asking her to phone 999.
Miss Cope said: “He said the wean wasn’t breathing. I was in bed and Kaleb was in his arms at the bedroom door.”
Prosecutor Erin Campbell asked how Kaleb was and she replied: “I put my hand on his heart and it was still beating but I couldn’t understand why he wasn’t breathing.
“His eyes were rolling to the back of his head.”
Miss Cope said she could not watch as mercy crews tended to Kaleb and rushed him to hospital.
It was put to Miss Cope that she knew about Kaleb choking on prune juice as she said it during the 999 call.
Miss Cope was asked how she knew and she replied: “Brian came in and I asked what happened and he said Kaleb choked on prune juice but I didn’t know more about it.”
She later added: “He said he patted his back and said he stiffened up, his body went flimsy then realised he wasn’t breathing.”