Crime

As tears flowed, Coast mom recounts giving ‘miracle baby’ CPR at ex-boyfriend’s murder trial

She left the room for a few moments to prepare a bottle for her 2-month-old “mircale baby” boy. Moments later, Jessica Smith found herself calling 911 and beginning CPR on her child until help arrived.

A tearful Smith recalled what happened before the death of her infant, Colton Wyatt Ellison, while she testified in Harrison County Circuit Court Tuesday at a trial for her ex-boyfriend, who is accused of killing their son.

Colton died in October 2018, days after paramedics found the baby unresponsive at the home Smith and Ellison shared on Calcutta Drive, south or Robinson Road in Gulfport.

Byron Ellison, who was first facing felony child abuse charges that were later upgraded to second-degree murder, is on trial for capital murder in front of Judge Chris Schmidt.

Byron Ellison, who is accused of killing his two-month old son, leaves the courtroom during a break during his murder trial in Gulfport on Tuesday, March 29, 2022.
Byron Ellison, who is accused of killing his two-month old son, leaves the courtroom during a break during his murder trial in Gulfport on Tuesday, March 29, 2022. Hannah Ruhoff hruhoff@sunherald.com

What happened to Colton?

When paramedics arrived on Oct. 15, 2018, Colton was unresponsive and they attempted to restart his breathing by performing CPR, according to court testimony.

The child was taken to then-Garden Park Medical Center in Gulfport, where he was diagnosed with multiple brain bleeds that required advanced treatment. Colton was flown to Ochsner Children’s Hospital in New Orleans. At that point, he was in critical condition.

While Colton was fighting for his life, his parents were transported to the Harrison County Sheriff’s Department for interviews.

That’s when Ellison was arrested on a felony child abuse charge, which was upgraded to second degree murder when the infant died.

An autopsy performed by the state on Oct. 22, 2018 lists Colton’s cause of death as homicide from blunt force trauma, according to a Sun Herald report.

Judge Chris Schmidt listens as attorneys question a witness during the murder trial of Byron Ellison in Gulfport on Tuesday, March 29, 2022.
Judge Chris Schmidt listens as attorneys question a witness during the murder trial of Byron Ellison in Gulfport on Tuesday, March 29, 2022. Hannah Ruhoff hruhoff@sunherald.com

Coast paramedic, mom testifies

Ellison’s trail started Monday with opening statements from prosecuting attorney Billy Stage and defense attorney Jim Davis.

“This case is simple…the medical evidence is simple,” Stage said. “The baby was doing well…this was not accidental…this was homicide.”

Davis told the courtroom that Colton’s death could have been the result of a blocked esophagus. The child was born premature and had existing health issues.

After paramedic Brett Taylor told the court about how he had tried to resuscitate Colton after finding him not breathing, Smith took the stand for over an hour.

Holding back tears, she testified that Ellison would get frustrated at their child when Colton was crying and refer to him as a “little shit.”

Smith said she had gone into the other room to prepare formula. Several minutes later she found her child lifeless, unable to hold up his head or move his arms and wasn’t crying.

She then called 911 and performed CPR until paramedics arrived.

“He didn’t look like my child,” she said. “[I was] angry, broken couldn’t believe what was happening.”

Jessica Lynn Smith tears up as she testifies about her son’s death during the murder trial of Byron Allen Ellison in Gulfport on Tuesday, March 29, 2022. Ellison is accused of killing his and Smith’s 2-month old son, Colton Wyatt Ellison.
Jessica Lynn Smith tears up as she testifies about her son’s death during the murder trial of Byron Allen Ellison in Gulfport on Tuesday, March 29, 2022. Ellison is accused of killing his and Smith’s 2-month old son, Colton Wyatt Ellison. Hannah Ruhoff hruhoff@sunherald.com

Sheriff Troy Peterson told the Sun Herald in 2018 that Ellison admitted to investigators that he had abused Colton. At that time, Smith also added that investigators told her Ellison said he hurt the baby because he wouldn’t stop crying.

Sheriff’s Investigator Anthony Piazza testified Tuesday that Ellison told three stories in his interview. First, Ellison told him he was bouncing Colton on his knee and that may have hurt him.

Then, Piazza said, he said he brought the child to his chest and may have injured his head by hitting it against his collar bone.

Finally, Ellison suggested Colton may have fallen off the bed.

Jurors then watched Piazza’s near two-hour interrogation of Ellison.

The trial resumes Wednesday.

This story was originally published March 30, 2022 at 5:50 AM.

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