An Edmonton man has been found guilty of manslaughter following the tragic death of his five-week-old baby son. George Russell Hulleman, aged 31, initially faced a second-degree murder charge almost a year after Leviathan Puchalski passed away. The verdict was delivered at the Edmonton Court of King’s Bench by Judge Shannon Davis. According to the judge, expert medical testimony could not pinpoint the exact 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 room. She recounted that Hulleman was playing video games at the time. Several hours later, she awoke to find him on the phone with emergency services while holding Leviathan.
Before that fateful night, the mother stated that her baby had been progressing normally without any known incidents that could have caused such grave injuries. During the distressing 911 call, Hulleman reported Leviathan as unresponsive, not breathing, and cold. The mother described seeing her baby as lifeless, with a bluish hue, closed eyes, and limp body.
Upon the arrival of emergency responders, Hulleman was found in the kitchen administering chest compressions. Medical professionals took over resuscitation efforts and observed that the baby looked pale. Leviathan was rushed to Stollery Children’s Hospital, where it was discovered that he had brain swelling, spinal cord injuries, and limb fractures. Sadly, Leviathan succumbed to his injuries on February 9, 2023.
The central point of contention in the trial was Hulleman’s intent, with Judge Davis highlighting this as a crucial factor. A forensic psychology expert testified that Hulleman’s cognitive abilities were limited, potentially affecting his capacity to foresee consequences, especially under emotional duress. However, Judge Davis emphasized that the psychological evidence did not definitively establish Hulleman’s state of mind during the incident.
While acknowledging Hulleman’s cognitive limitations, Judge Davis concluded that there was insufficient evidence to prove he lacked the objective foresight required for a murder conviction. The prosecution argued that Hulleman’s actions post-incident suggested an intent to harm the baby, despite conflicting psychological evidence. Medical experts contradicted Hulleman’s claim that Leviathan fell from a couch, with one specialist equating the injuries to a fall from a significant height.
The court heard a recorded phone call where Hulleman declined to provide details of the incident to Leviathan’s mother, citing legal constraints. It was noted that Hulleman was sober during the incident, and a doctor testified to the severity of Leviathan’s injuries, describing them as unprecedented.
Judge Davis highlighted expert testimonies indicating that the injuries could have resulted from shaking, throwing, or slamming the infant. While the exact number of shakes could not be determined, the severity of the injuries pointed to excessive force. The judge emphasized that the Crown did not need to establish the precise mechanism or duration of the harm inflicted.
Describing Leviathan’s injuries as “catastrophic,” Judge Davis found that while Hulleman foresaw causing bodily harm, there was insufficient evidence to prove he anticipated the child’s death. Consequently, the judge ruled in favor of a manslaughter conviction based on the Crown’s demonstration of intent to cause serious harm.
Judge Davis ordered the preparation of an Indigenous background report, formerly known as a Gladue report, before sentencing. The sentencing proceedings are scheduled for a later date.