Regina mother charged with second-degree murder, manslaughter in son's death found not guilty

A Regina mother accused of killing her 18-month-old son has been found not guilty.

A Regina mother accused of killing her 18-month-old son has been found not guilty.

Chelsea Whitby, 27, was on trial for second-degree murder after autopsy results determined her son Emerson died from a brain bleed due to blunt force head trauma on June 10, 2020.

Justice Catherine Dawson delivered her verdict to a packed courtroom in Regina Tuesday morning—finding Whitby not guilty of both second-degree murder and manslaughter.

“I recognize that this is an emotional trial and decision,” Dawson said before reading out her decision.

“It is clear to me that everyone who knew Emerson is heartbroken.”

According to the judge’s decision, there are reasonable alternatives for Emerson’s cause of death that do not include Whitby intentionally harming her son.

Other inferences from the evidence suggest Emerson could have had a prior brain injury that was susceptible to re-bleeding, and a re-bleed could have caused his death—a theory put forward by one of the expert witnesses during the trial and an argument the defence made in closing remarks.