An individual in Edmonton has been found guilty of manslaughter following the tragic death of his five-week-old baby son. George Russell Hulleman, aged 31, was initially charged with second-degree murder almost a year after Leviathan Puchalski passed away. The verdict of manslaughter was delivered at the Edmonton Court of King’s Bench on Thursday, with Judge Shannon Davis presiding.
Judge Davis highlighted that expert medical testimony was inconclusive in pinpointing the specific actions that led to Leviathan’s severe injuries. The court learned that on the night of February 5, 2023, Leviathan’s mother retired to bed around 10 p.m., leaving the baby and Hulleman alone in their Edmonton residence’s living area. She recounted that Hulleman was occupied with video games. Several hours later, she awoke to find him on the phone with emergency services while cradling Leviathan.
Before this incident, the mother attested that her baby had been progressing normally, with no prior knowledge of any events that could have resulted in significant harm. During the emergency call, Hulleman reported Leviathan as unresponsive, not breathing, and cold. The mother observed her baby as lifeless, turning blue, and with closed eyes.
Upon the arrival of emergency responders, Hulleman was administering chest compressions in the kitchen. Medical professionals took over resuscitation efforts and noted the infant’s ashen appearance. Leviathan was swiftly transported to Stollery Children’s Hospital, where it was discovered that he had brain swelling, no brain activity, spinal cord injuries, and limb fractures. Tragically, Leviathan succumbed to his injuries on February 9, 2023.
The pivotal issue in the trial revolved around determining whether Hulleman possessed the requisite intent for a murder conviction. A forensic psychology expert testified to Hulleman’s cognitive limitations and their potential impact on foreseeing consequences, especially under emotional distress. Despite acknowledging Hulleman’s cognitive challenges, Judge Davis maintained that the evidence did not conclusively establish his mental state at the time of the incident.
The prosecution contended that Hulleman’s post-incident behavior indicated an intent to harm the baby, contrasting with the psychological evaluation. Medical evidence contradicted Hulleman’s assertion to law enforcement that Leviathan had fallen from a couch. One medical expert equated the injuries to those from a fall from a significant height.
Experts suggested that Leviathan’s injuries could have resulted from shaking, throwing, or slamming the baby. Judge Davis stressed that the exact mechanism or duration of the harm was not a decisive factor. He underscored Hulleman’s attempts to diminish the force used against Leviathan as indicative of his intentions.
Describing the infant’s injuries as “catastrophic,” Judge Davis concluded that while Hulleman foresaw bodily harm, the evidence did not substantiate an anticipation of death, requisite for a murder conviction. As a result, the Crown successfully proved the elements necessary for a manslaughter charge.
Before sentencing, Judge Davis ordered the preparation of an Indigenous background report, formerly known as a Gladue report. The sentencing is scheduled for a later date.
