Gijón (EFE) despite the fact that the defendant has denied having done so.
In the session held this Thursday in the Criminal Court number 1 of Gijón, the Public Ministry has ratified his request for 12 months in prison and compensation of 15,000 euros to the parents of the minor, considering that on June 3, 2021 the Defendant grabbed the minor and “shaked him strongly” causing a medical episode that ultimately led to his death.
The private accusation brought by the biological father of the minor has been maintained in his request for two years and six months in prison, while the accusation brought by the mother, who claimed two years in jail, has adhered to the request of the Prosecutor of 12 months.
For its part, the defense maintains the acquittal but has partially modified its conclusions to add the mitigation of reparation for the damage for having already paid the 30,000 euros requested by the Prosecutor’s Office.
The defendant assures that he “never” shook the minor
In today’s session, the accused has assured that he “never” shook a minor, but most of the doctors who attended the child have agreed that the direct cause of death was a “strong shake.”
The defendant has recounted that on the morning of June 3 he took the mother of the baby by car to work and that later he was at home with the minor to whom he gave several bottles and put him to bed.
Around 11:45 a.m. the maternal grandparents arrived and had coffee with the defendant until the baby began to cry and utter “moans” which led them to enter the room where they observed that the baby was not waking up, his eyes were ” half closed”, he had no strength in his neck and “his head fell to one side”.
In addition, his legs and feet were stretched out, the maternal grandmother pointed out, who recounted that the accused put his finger in the baby’s mouth so that he would not swallow his tongue and they decided to notify the mother who called the ambulance.
The defendant has assured that “not that day nor ever” did he shake the baby and that the mother feared ill-treatment when the baby was with the father because sometimes it appeared with scratches or bruises.
For her part, the mother has affirmed that for months the deceased baby harmed himself with toys or hit himself against the headboard of the bed and other furniture while the biological father has said that he “never” mistreated his son and that sometimes he cried when he returned it after the visitation regime.
“The shaking had to be very significant,” says a coroner
“There is no reasonable doubt that there has been a shaking. It could not have been the night before because he would have died and would not have made it to the hospital,” said one of the doctors who treated the baby and who works in the HUCA pediatric ICU.
This same doctor, whose opinion has been seconded by the majority of doctors, has assured that a viral picture, like the one the baby had three weeks earlier, cannot “in any way” produce a hemorrhage like the one the baby had.
“The shaking had to be very significant, very important,” agreed the coroner, who stated that the injuries the baby had were compatible with mistreatment of this type and that it had to be immediate to the neurological symptoms.
Along the same lines, the radiologists who did the tests on the baby have assured that from the tests it can be determined that there was a shaking 3 or 10 hours before and that it is possible that others happened earlier, although they cannot be sure.
There is only one doctor, who did not attend to the baby and who has been called by the defense, who has considered that the death could be due to a previous problem and that a trigger occurred that day that did not have to originate from a great shaking. EFE