HIGH COURT Seven years for baby killer dad
Pregnant wife Kirsty ‘no longer supporting him’ Work orderfor Peeping Tom
A monster who killed his baby son by shaking him in a fit of rage because he wouldn’t feed was yesterday jailed for seven years and three months.
Supermarket worker David Sinclair (34) admitted the culpable homicide of fourmonth-old Joshua at the family home at Ontario Park, Westwood, on December 6, 2012.
He was originally charged with murder, but admitted the reduced charge of killing his son, just days before he was due to go on trial.
He married his wife Kirsty, who is due to give birth in three weeks, on the anniversary of their son’s first birthday on July 9, 2013.
At the High Court in Glasgow Judge Lord Bannatyne told Sinclair: “You assaulted your baby son by shaking him, causing the injuries which killed him.
“You must have known at the time you had shaken him, but you did not disclose that. It was only after extensive medical investigations you admitted what you had done.
“Your wife believed in you. She now feels she had been misled by you and can no longer support you.”
Lord Bracadale described the effects of Joshua’s death as “catastrophic” for all concerned and added: “Nothing can bring Joshua back.”
The court heard that Sinclair has problems with anger management. He showed no emotion as he was led away to begin his sentence.
Earlier defence counsel Ian Duguid QC said that Mrs Sinclair, who the court was told earlier was standing by her man, has not visited him in Barlinnie.
Mr Duguid added: “He hasn’t seen his wife since the date of the last court proceedings. The continuance of their marriage is very much in doubt. She is expecting a child in three weeks.”
The QC added: “Mr Sinclair’s position is he had been trying to feed his son Joshua, who was unsettled and continued to cry. He became so angry he shook him for approximately five seconds. It was a Behind bars momentary loss of control. He loved his son and feels deeply about this.”
Four days before the birth of his son Sinclair went to his GP stating he felt depressed and angry and with an urge to lash out and was prescribed an antidepressant.
Prosecutor Ashley Edwards said that on December 6, 2012, Sinclair and his now wife and their baby Joshua went swimming and then shopping in East Kilbride town centre.
At 5.30pm Kirsty Sinclair went out to meet her mother and sister.
Just 11 minutes later she received a phone call from Sinclair, who sounded shocked. He told her: “Joshua isn’t breathing properly, come home right away,” then hung up and dialled 999.
”Sinclair was given instructions about giving Joshua CPR, but when a paramedic arrived he noted that he was either sitting on a chair or standing.
Miss Edwards said: “The accused was distressed and said: ‘My son’s not breathing.’
“Joshua Sinclair was lying face up on the floor. He was pale and appeared not to be breathing.”
Joshua was rushed to Hairmyres Hospital and medical staff battled for almost an hour to save him. The tot was pronounced dead at 6.55pm. Initially the cause of Joshua’s death was unascertained, but the case was reviewed by a team of medical experts who discovered evidence of trauma in the eyes and brain which could only have been caused non-accidentally close to the time of death. In light of these reports the cause of death was recorded as head injury.
Sinclair’s wife was not in court to see her husband sentenced. A pervert who frightened female neighbours by staring into their homes has avoided jail.
David McCool (54), of 8 Semphill Gardens, Calderwood, caused a woman to suffer fear and alarm by repeatedly staring at her, looking into her flat through her letterbox and repeatedly standing outside her window looking in. The offence happened at Semphill Gardens on various occasions between December 13, 2010 and April 16, 2014.
McCool also committed a breach of the peace by attempting to look into her bathroom window from the common close for a period of around six minutes on various occasions between May 1 and 31, 2011.
He scared another woman by repeatedly staring at her and her young child and repeatedly standing outside her windows and staring in at an address in Semphill Gardens several times between July 20, 2013 and April 15, 2014.
McCool pleaded guilty to the charges at Hamilton Sheriff Court last week and was handed a 12 month supervision order.
He must also carry out 200 hours of community service.