Despite the most thorough examinations and testing, it will never be known precisely what caused the sudden death of a six-month-old Devon baby who was found with traces of cocaine and cannabis in her body and had been in a car crash the day before. An inquest was held this week into the death of Evelynn Simmons-Avery who died after being found floppy and unresponsive in her cot on July 7, 2019.
The day before, it was said an argument between her parents led her father, Darryl Avery, to tell her mother Charlotte Simmons to leave their home in Newton Abbot. Mr Avery remained in sole custody of Evelynn and their other child aged three years old, despite Miss Simmons trying to contact him throughout the day as Evelynn was being breastfed.
The inquest heard that on that day he took both children out in the car which was involved in a collision. The children were said to have not been injured and were 'fine'. Mr Avery later took them to his father's home for a birthday barbecue. Lots of family members were said to be there and two members were said to be breastfeeding at the time and offered to breastfeed Evelynn.
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Mr Avery told police he returned home around 10.30pm and put the children to bed, with Evelynn sleeping in a cot beside his bed. In his statement, he recalled she 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 there 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 at Plymouth Coroner’s Court on January 24, that cannabis was found at his home which he said was for his own personal use and that he was a regular user but did not smoke it 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 he accepted he should not have taken the children from their mother on July 6, 2019, as Evelynn should have been breastfed by her mother and that he should not have permitted any other person to breastfeed her. He also accepted that regarding the collision on July 6, his driving was 'inappropriate given the fact my children were in the car'.
He 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.
In a statement Miss Simmons made to police, she was said to have reported that she had gone to her mum's house after being told to leave by Mr Avery and that she had been denied access by him throughout the day to breastfeed Evelynn. She said although he did ring to tell her about the crash, he ended the call before she could ask for more details about it.
She said he had appeared to have still been online at 2am the following morning and that the next she heard from him was around 8.30am when he rang to say Evelynn was not breathing properly, the inquest was told. She added Evelynn had been a healthy, fully vaccinated baby up until when she left the house on the morning of July 6, and that she was being successfully weaned.
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.
"Levels of both substances were very low and toxicologists 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).
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.
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 they found a broken taser disguised as an iPhone.
In a victim impact statement, the baby’s mother said: "When I heard my child had been in an accident, I wanted her checked over but I found out he never sought medical help. He was not concerned about the welfare of the child. His only concern was to not get in trouble.
"When I got the phone call on Sunday, it was the most devastating call any parent can receive. I was in panic and distressed and went to help. It was so difficult to see her being worked on by paramedics. It is something I can’t get out of my head.
"My whole life is in turmoil. I was not allowed to see her for almost 24 hours before her death. I will never forgive Darryl for that. I still feel she would not have passed away if I had been there.
"It was horrible not being able to breastfeed my own child. When I heard that others had done it, I felt disgusted. I just want justice for my child. I want the court to know that what Darryl did was not acceptable."
When Mr Avery was sentenced, recorder Malcolm Galloway said: "You deliberately kept the child from her mum from Saturday until Sunday morning, when she received the most devastating call any parent can receive and was told her daughter was not breathing.
"I make clear that this tragic death cannot be linked to your actions. The cause of death is listed as ‘unascertained’, but you have kept her away from her mum. That is something that will haunt her for the rest of her life.
"I find the exposure of the child to drugs to be the most serious factor in this case."
