Dad shook baby so hard he caused terrible brain injuries then blamed the dog
Swansea Crown Court heard the defendant belatedly admitted shaking his baby out of frustration, saying he did not want to hurt his child but to "stop [the baby] crying". Rutherford's advocate said the offence was born of "immaturity, impulsivity, and recklessness" and said the reality was his client - who was 19 at the time - "simply wasn't ready for a child."
Megan Williams, prosecuting, told the court the alarm was raised by medics at Morriston Hospital after the injured infant had been brought in from their home in Swansea. Initially the child was noted to have a series of parallel bruises on the chest and to be "pale" in colour but then suffered a seizure. Subsequent head scans showed areas of bleeding on the brain, and the police and social services were alerted.
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The court heard the infant was rushed to the paediatric care unit at the University Hospital of Wales in Cardiff where MRI scans showed bleeding to both sides of the brain, bleeding around the spinal cord, and damage to the brain caused by a lack of oxygen. The prosecutor said both the baby's parents were arrested.
The court heard that during the course of a number of police interviews Rutherford denied being responsible for the injuries to his child saying the dog had knocked the baby's basket over. He said he had picked the baby up and when they went to sleep he put the child down and went into the kitchen.
The defendant later admitted he had become frustrated at the dog barking and the baby crying and had shaken the infant "three or four times". The prosecutor said the defendant told officers "he didn't wish to hurt [the child] he simply wished to stop [them] crying". For all the latest court stories sign up to our crime newsletter
The court heard the victim has been left with developmental delay as a result of injuries to the brain.
In an impact statement from the baby's family which was read the court they described how they had been "torn apart" while the defendant remained silent about what he had done. They said in not telling the doctors what had really happened straight away so they could provide appropriate treatment, Rutherford had "chosen to help himself rather than help his [child.]"
Dafydd Rutherford, now 22, had previously pleaded guilty to inflicting grievous bodily harm when he appeared in the dock for sentencing. He has no previous convictions.
Stuart John, for Rutherford, said the defendant understands he has caused "irreparable damage" to his young baby and to the wider family. He said the offence was born from "immaturity, impulsivity, and recklessness" and was something the defendant would regret for the rest of his life. He added that the reality was at the time of the incident his client was a teenager and "was not ready for a child".
Judge Catherine Richards told Rutherford his child had been just weeks old when he caused "devastating" injuries in what is typically characterised as "shaken baby syndrome". She said the defendant had then denied being responsible for the injuries until later admitting he had became frustrated at the dog barking and the baby crying and lost his temper.
She said the fact Rutherford had initially denied the assault meant not only that doctors did not know what they were dealing with but that suspicion fell on other family members, something which was a significant aggravating factor in the case.
With a discount for this guilty plea Rutherford was sentenced to 28 months in prison. He will serve up to half the sentence in custody before being released on licence to serve the remainder in the community.
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