Baby dies after being exposed to drugs as cocaine and cannabis found in body

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Darryl Avery was looking after six-month-old Evelynn Simmons-Avery when she died (Image: Devon and Cornwall Police)
Darryl Avery was looking after six-month-old Evelynn Simmons-Avery when she died (Image: Devon and Cornwall Police)

A tiny six-month-old baby who mysteriously died at home was found with traces of cocaine and cannabis in her body, an inquest heard.

Evelynn Simmons-Avery was found floppy and unresponsive in her cot on July 7, 2019.

The day before she died, her dad Darryl Avery was said to have told mum Charlotte Simmons to leave the home in Newton Abbot, Devon after the two of them had an argument.

He remained in sole custody of Evelynn and their other child, aged three, despite Miss Simmons trying to contact him throughout the day as Evelynn was being breastfed, reports Devon Live.

Mr Avery was involved in a car crash with the children in the car the same day, though the inquest at Plymouth Coroner’s Court heard that Evelynn was not found to have suffered any serious injuries.

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Mr Avery told police he had returned home around 10.30pm on July 6 and put the other child to bed, while Evelynn was sleeping in a cot beside his own bed. In his statement, he recalled the baby had woken around 3am for a feed, and fell asleep after being given a bottle and had seemed well.

When he awoke at around 8am, he found her unconscious and not breathing in her cot. He performed CPR until paramedics arrived four minutes later, including an air ambulance. Despite the medical team's best efforts, she was unable to be revived.

Evelynn was accompanied to Torbay Hospital by both her parents. Mr Avery was arrested in the hospital, and a 'long and complex investigation' was carried out. Det Con Donna Tullock, at the time part of the public protection unit, told the inquest on January 24 that cannabis was found at the home, which Mr Avery said was for his own personal use. He said he was a regular user, but did not smoke cannabis in front of the children.

He denied being a regular cocaine user and told police he did not know when Evelynn was exposed to drugs prior to her death. Following the conclusion of the police investigation, he pleaded guilty in court to two counts of child cruelty.

DC Tullock said Mr Avery accepted that regarding the collision on July 6, his driving was "inappropriate given the fact my children were in the car'". The dad added that although he believed Evelynn was properly secured in her car seat at the time of the crash, he acknowledged the car seat was not fitted properly. He also accepted the flat where he cared for the children contained cannabis.

Extensive evidence was heard about the results of a post-mortem examination, which detected no natural diseases. Home Office forensic pathologist Dr Deborah Cook confirmed breakdown products of cannabis and cocaine were present in Evelynn's blood.

She said during the hearing: "With Evelynn, it seems most likely that she has taken on board the metabolites of cocaine and cannabis through indigestion in breastmilk but as we have had information she was breastfed by a number of women, it is not possible to confirm the identity of the source of that."

However, Dr Cook said "levels of both substances were very low" and toxicologists had indicated that it is "unlikely to have directly contributed to her death." She added: "We can't say what exposure, other than what was present at the time of death, she had to either substance." Giving her conclusion into the cause of Eveylnn's death, she said: "After an extensive post-mortem with multiple additional tests, although there were some findings that don't fit entirely within the normal range, none of them evidence a definite explanation for Eveylnn's death."

It was noted the findings had not been within the criteria for sudden infant death syndrome (SIDS), and that the car crash had not caused any injuries which resulted in her death. She told the inquest: "There is also the term sudden unexpected death in infancy and that encompasses far wider range deaths but we don't register deaths as that. The medical reason why Eveylnn died in this case remains unascertained. There is no suggestion that trauma was a role in this death whatsoever and the road traffic collision did not cause any injuries that have subsequently led to her death and nor did anyone harm Evelynn resulting in her death."

Instead, she said no "concrete' medical reason" could explain why Evelynn died at that time, which was common in the "vast majority" of such cases.

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Coroner Philip Spinney said: "Mr Avery was [sentenced] for two counts of child cruelty, but in light of the evidence of Dr Cook, none of these can be said to have caused or contributed to Eveylnn's death." Recording an open conclusion, he said: "It simply means the evidence cannot establish precisely how Evelynn came by her death. Despite an extensive post-mortem examination, a medical cause of death could not be ascertained."

Mr Avery was jailed for three years in April 2023 after admitting child cruelty, possession of cannabis with intent to supply, possession of a prohibited weapon and an unrelated charge of affray. A police raid at his home showed he had been dealing cannabis, and officers found a broken taser disguised as an iPhone.

Benedict Tetzlaff-Deas

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