A stepmum who filmed her toddler stepson on the floor rather than phone an ambulance has been found guilty of manslaughter, after the three-year-old tot died from unsurvivable brain damage.
Harvey Borrington, 3, was found by paramedics at the family home "unconscious", "unresponsive" and with "abnormal body posture", Nottingham Crown Court heard.
Leila Borrington, 23, claimed Harvey had fallen from a chair and banged his head - but medical experts concluded that his injuries were caused by repeated blows, rather than by a one-off fall. Several other older injuries were also found on his body, including a broken arm.
The boy, who had autism and was largely non-verbal, was rushed to King's Mill Hospital in Sutton-In-Ashfield on August 2021, and transferred to Nottingham's Queen's Medical, where he died two days later as a result of serious head injuries..
Borrington was accused of inflicting a serious head injury on Harvey while they were at home, along with five other attacks - including one in which the youngster suffered a broken arm.
She claimed Harvey “fell backwards” off a leather armchair at home, causing the fatal brain bleed and denied wrongdoing.
During a lengthy trial at Nottingham Crown Court she denied she had ever hit Harvey, but this afternoon a jury found her guilty of manslaughter. She was cleared of an alternative charge of murder.
Borrington was also convicted of separate charges of causing grievous bodily harm and assault.
Returning a total of seven verdicts, jurors also cleared Borrington of three charges of assault occasioning actual bodily harm.
In a statement after the verdict, a Nottinghamshire Police spokesperson said: "Borrington, who is not Harvey’s mother, had been caring for the child at her home in Jacksdale at the time of his collapse.
"Rather than phone an ambulance, she filmed a video of Harvey lying on the floor and sent it to his father who was out of the house at the time."
Borrington wiped away tears with the back of her hand in the dock as the verdicts were read out to a hushed courtroom.
During the trial, Jonas Hankin KC, said Borrington was caring for Harvey alone while his dad Jonathan Borrington, 31, was at work when the deadly injury was likely inflicted.
Describing the findings of a post-mortem examination, Mr Hankin said: "He had suffered trauma to the head.
"That had caused damage to the brain itself and bleeding overlying the brain which, together, squashed and damaged the brain, ultimately causing his death."
Borrington claimed she had never harmed Harvey, saying that he had fallen.
The court heard that prior to ringing 999, the 23-year-old texted Harvey’s father, who was out at the cinema, saying: “Why does this happen to me?”
She also videoed Harvey as he lay dying on the floor.
During the proceedings, an expert witness called by the prosecution said that “the account provided by the caregiver does not explain the extent of the injuries” and added that she believed Harvey had died as a result of “direct blunt force trauma”, sustained after Borrington “assaulted” the youngster.
Other injuries sustained by Harvey in the weeks prior to his death included a spiral arm fracture, a scrape on his back and marks on his ears and face.
Borrington told the court that these injuries were either self-inflicted or, in the case of the arm fracture, caused when she pulled Harvey up as he tripped walking up the stairs.
During the trial, prosecutor Mr Hankin KC argued that Borrington had “twisted and turned” her story to suit the evidence.
Mr Hankin also claimed that Borrington targeted Harvey, who was autistic and communicated through hand gestures and a handful of words, because he was unable to articulate when he was in pain.
The jury was told Harvey's natural mother and father split when he was 14 months old.
The prosecutor said Harvey spent the week at his mother's and weekends with his father and Borrington.
Harvey was diagnosed with autism just after his second birthday, and while he only used a "handful" of words, could communicate by taking a person's hand and by using "different types of scream".
Mr Hankin previously told the court: "He enjoyed a diverse range of play and enjoyed the attention to detail such as lining up his toys neatly."
Detective Inspector Simon Harrison, of Nottinghamshire Police, said: “This was a tragic incident that shocked the local community.
"Harvey was a much-loved little boy who was cherished by his parents and his wider family.
“As a police officer I am pleased with the decision of the jury in this case, but I acutely aware that it is of no consolation to those left behind.
“This has been a very lengthy and difficult investigation and I would like to thank everyone involved in getting us to this point.”
After the verdicts were returned, Mr Justice Nicklin excused jurors from further jury service for 10 years and remanded Borrington in custody.
Thanking the jury panel for its “crucial” decision-making, the judge added: “You all now know how critically important juries are to our jury system.”
Borrington will be sentenced on March 16.
