Teenager accused of killing baby denied being irritated by child, court told

A teenager accused of killing a four-month-old baby denied being “unduly angered or irritated” by the child, but called him a “c***” in a Snapchat message, a court heard.

Jurors were told that Elijah Shemwell, who was four months old when he died in January 2022, suffered limb and rib fractures caused by being shaken by his mother’s ex-partner.

Carl Alesbrook, 19, was called to give evidence on Tuesday in his trial at Derby Crown Court charged with one count of murder and two counts of grievous bodily harm related to alleged attacks on Elijah.

One count of grievous bodily harm has been withdrawn by judge Mr Justice Jeremy Baker due to lack of sufficient evidence, on which he asked the jury to find the defendant not guilty.

Days before Elijah (pictured) was rushed to hospital on January 2, Alesbrook, who was 16 at the time, sent a Snapchat message to Elijah’s mother, India Shemwell, calling the baby a “c***”.

Ms Shemwell, 23, messaged him saying she would buy some baby formula, to which Alesbrook replied: “He is being a c***, he keeps spitting it out. He doesn’t need changing either, I checked 10 minutes ago.”

When asked by defence barrister Mark Heywood KC whether he was “unduly angered or irritated” by Elijah, Alesbrook responded “no”.

The defendant, of Upper Greenhill Gardens, Matlock, told the jury he fed Elijah “quite a few times”, but that was all “responsibility-wise”.

Prosecutor Vanessa Marshall KC alleged that the child crying could make the 16-year-old “lose his temper”, especially if he was “not feeling great himself”.

The jury heard evidence that Alesbrook was suffering from a toothache and had sought co-codamol to treat it.

She addressed Alesbrook: “Despite your efforts to console him, you resorted to the only tactic you discovered could stop that baby crying and that was to shake him.

“You shook him on at least two occasions, one of which killed him.”

Alesbrook also denied being “in love” with Ms Shemwell or being “jealous” that she was still seeing the father of her child.

But evidence was shown to the jury that Alesbrook sent her a message saying it “hurts” him that she slept with Elijah’s father just four hours after the defendant had helped her at home.

Ms Marshall alleged that this “really upset” Alesbrook, but he said: “I wouldn’t say that it really upset me, it would be more of a shock that it happened within a small time.”

The trial continues.

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