Cologne Regional Court - Baby shaken to death: Three years in prison for father
In the process of a case concerning a shaken baby from Gummersbach, the Cologne Regional Court found the 35-year-old father guilty on a Wednesday. It sentenced him to three years in prison for complicity in grievous bodily harm resulting in death through negligence, as well as complicity in child abuse through negligence.
According to the main hearing, the 14-week-old baby died due to severe abuse, the presiding judge stated in her judgment. The child had died in May 2022 from a skull-brain injury caused by shaking. The infant was violently shaken for approximately one minute, during which its head was struck against the chest and back. "The child was also hit on the head with a hard object, such as a wall," the judge explained. The parents are the only suspects in this case.
The court further determined that the infant had been undernourished and abused over weeks. The parents had denied medical help to their son. On the day of the incident, the infant had become unconscious due to the shaking. The mother had sought help from neighbors, who immediately called the emergency services. Although the infant could have been revived, the severe brain injuries caused the baby's death a few days later at the University Hospital Cologne. "Neither of the parents were present," the judge noted.
The representative of the public prosecutor and the defender of the accused had both pleaded for acquittal. Both had argued that they could not prove a specific act of wrongdoing against the accused. The court agreed but added that the accused could not have avoided the abuse inflicted on their child, which is why they had confessed to the two complicity charges.
The defendant's co-defendant and mother, who was initially accused in the case, has been in hiding. A warrant has been issued for her arrest. The judgment is not yet legally binding. The defender of the 35-year-old announced, upon inquiry, that they would appeal the decision.
- The abuse of the child under protection, a 14-week-old baby from Gummersbach, involved not only negligence but also violation of the baby's fundamental rights, as the presiding judge at the Cologne Regional Court stated in her judgment.
- The court processes in Germany, specifically in North Rhine-Westphalia, revealed that during weeks prior to the tragic incident, the infant had been both undernourished and abused, and the parents had denied necessary medical help.
- The primary cause of death was severe bodily injury, including a skull-brain injury sustained through violent shaking, as well as being struck against a hard object, such as a wall.
- The Cologne Regional Court handed down a sentence of three years in prison for complicity in grievous bodily harm resulting in death through negligence, as well as complicity in child abuse through negligence, to the 35-year-old father for his part in the crime.
- However, the case remains complex, as the co-defendant and mother, accused of being involved in the abuse, is currently in hiding, and a warrant has been issued for her arrest.
- The judgment, although not yet legally binding, triggers an appeal process, as the defender of the 35-year-old accused announced their intention to challenge the decision at a higher court.
