Father who shook infant son to death days after assault at KFC restaurant jailed for manslaughter
A father who fatally shook his three-month-old son at a KFC restaurant, days after he was caught on CCTV hitting the back of the baby’s head, has been jailed for nine years.
Gareth Stark had assured his partner that he would never harm anyone before being left alone with Leon Stark, who tragically died in hospital a week after suffering a “constellation” of serious injuries, including brain damage consistent with abusive head trauma.
Stark, 38, pleaded guilty to assault and manslaughter charges in January. He claimed that Leon could not stop crying and shook him in frustration for a moment, leading to his death.
CCTV footage presented at Birmingham Crown Court on Friday showed Stark hitting Leon at a KFC branch in Stafford on October 9, 2023, while the baby’s mother had her back turned.
Summing up the case against Stark, Prosecutor Lisa Hancox stated that the fatal concussion occurred on October 12, 2023. The baby died at Birmingham Children’s Hospital after his brain damage was deemed unviable.
Ms Hancox said CCTV of the earlier attack, shown with the family’s permission, showed “deliberate and unlawful force being used on a baby three days before he was forcibly shaken by Mr Stark”.
The court heard that Stark, of Masefield Drive, Highfields, Stafford, had previous convictions for criminal damage, including breaking windows of a rental property.
Sentencing, Judge Paul Farrer KC accepted that the incident at KFC did not involve a strong blow or intention to cause injury and was committed with an open hand.
But the judge stressed that the attack was an aggravating feature of manslaughter and said: “This shows that your actions on 12 October were not an isolated incident. It should have been clear to you that shaking him by force was likely to cause at least serious injury.”
Defense attorney Justin Jarmola told the court that Stark has a long history of mental illness and will never forgive himself for his actions. Mr Jarmola said Mr Stark offered his “absolute and unreserved apology to Leon’s entire family, many of whom are here today” and added: “This guilt will remain with him forever.”
In a victim impact statement, Leon’s mother Lauren Willey described how her life was “horribly devastated” the day her “beautiful and handsome” baby died.
“I believed that Gareth Stark would never harm anyone,” he said. “I believed Gareth’s convincing lies about how desperate he was to have a family.”
Commenting on the case, James Leslie Francis of 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 Leon such serious injuries that he could not survive.
“He misled paramedics and investigators by claiming to find Leon unresponsive. “The truth of his crime only came to light thanks to a meticulous police investigation, expert medical evidence and CCTV footage.
“The Crown Prosecution Service will vigorously investigate those who harm children and fail to protect themselves to ensure they face the full force of the law.
“We hope that seeing Gareth Stark sentenced today will bring some small consolation to Leon’s family and loved ones at an incredibly painful time.”
