Elvis Lee, Guilty Of Murdering Five-Year-Old Tyler Whelan, To Face Sentencing

PA  |  Posted: 15/05/2012 08:32 Updated: 15/05/2012 08:38   PA

Tyler Whelan
Tyler Whelan was five-year-old when he died

A "wicked and controlling" man will be sentenced on Tuesday for murdering his "fun-loving, mischievous" stepson.

Elvis Lee, 34, was found guilty yesterday of murdering Tyler Whelan, five, last March at his home in Sheepwalk, Paston, near Peterborough.

A report published after his conviction found that key opportunities to protect Tyler were missed by authorities tasked with his care.

It acknowledged that previous incidents in which the boy had been hurt had been "seen in isolation" with "minimal attempts to link concerning patterns of injuries".

The court heard unemployed Lee kicked and bit Tyler on the day of his death.

The boy's mother, Stephanie Whelan, 27, was found guilty of allowing the boy's death.

The tragedy followed three earlier admissions to hospital - including treatment for a broken leg and injured penis - which had prompted doctors to contact social services.

The serious case review, compiled by the Peterborough Safeguarding Children Board and published after the verdict at Cambridge Crown Court, acknowledged failings by the organisations responsible for his care, including Peterborough Children's Services.

The report concluded that it was impossible to say that, had there been greater intervention, the tragedy would have been prevented.

But the report said: "Whilst it would be very challenging to state with any conviction that the subject's (Tyler's) death was either predicable or preventable, there were certainly numerous missed opportunities when interventions should have been more rigorous and incisive on clear occasions when there were concerns about his safety at home.

"Additionally there were some occasions when initiatives were not taken to assess the levels of risk to the subject when there was a procedural requirement to have done so.

"Even if any of the missed assessment opportunities had in fact been taken and completed in line with procedures, it could still not be said with any certainty that they would have made a difference to the eventual tragic outcome."

Whelan, of Sheepwalk, Paston, but originally from Wigan, and Lee, of Crabtree, Paston, were each cleared of two counts of cruelty or neglect relating to their failure to seek prompt medical attention on previous occasions.

Speaking outside court, Shaun Harrison, Tyler's father, said he held Lee and Whelan entirely responsible for his death. He added he felt no malice towards the rest of Whelan's family.

Harrison, from Wigan, added: "The last year of my life has been unbearable.

"Tyler was a fun-loving, mischievous little boy with a big heart and amazing smile.

"I feel lost without him in my life and I still can't believe he's gone."

Superintendent Simon Megicks, from Cambridgeshire Police, said: "This was a wicked crime in which an innocent five-year-old was murdered by a person who should have been looking after him.

"Lee is a controlling and violent man who lost his temper and inflicted fatal injuries to Tyler.

"Whelan has been found to have allowed his death following these fatal injuries - Tyler deserved more from his mother.

"Every child has the right to be protected and feel safe in their own home and it is a parent's responsibility to ensure this is the case. I hope this verdict brings peace to Tyler's relatives knowing justice has been done."

Whelan sobbed and hung her head as the verdict was delivered.

Lee shouted at jurors and protested his innocence as they left the courtroom.

The court heard Lee, who was himself the victim of abuse as a child, had 56 previous offences, including dishonesty, affray and violence.

Police had been alerted to alleged attacks by him on Whelan but he was never convicted.

During the trial, prosecutor Christopher Donnellan told the court that the boy suffered "non-accidental" injuries including a broken leg and injuries to his penis in the year before his death.

Donnellan said that on the day of his death Tyler was covered in severe bruises after he was kicked, hit and bitten by Lee.

He told jurors that Whelan knew Lee was capable of violence as she had suffered a series of attacks.

Whelan will be sentenced next month. Both she and Lee were remanded in custody.

FOLLOW UK

A "wicked and controlling" man will be sentenced on Tuesday for murdering his "fun-loving, mischievous" stepson. Elvis Lee, 34, was found guilty yesterday of murdering Tyler Whelan, five, last Marc...
A "wicked and controlling" man will be sentenced on Tuesday for murdering his "fun-loving, mischievous" stepson. Elvis Lee, 34, was found guilty yesterday of murdering Tyler Whelan, five, last Marc...
Filed by Michael Rundle  | 
 
 
  • Comments
  • 40
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Recency  | 
Popularity
14:39 on 16/05/2012
the entire time i was reading this, i was hoping [praying] that this wasn't real. but the sad reality is, it really happened. i am so heartbroken for this child. it is never acceptable to inflict such harm on a child to the extent of those injuries and eventually his death. after reading this story, i am still confused, and believe we all need to understand how the child welfare agency in this state allowed the child to remain in the home. here in CT, children are removed for much less until the results of the investigation become clear that removal is not necessary. i believe an injured penis, should warrant the child removed and never returned.
10:09 on 16/05/2012
What an absolute joke! What on earth is going with lazy chimpanzees' in the Social service sector. They get paid to do a job which in this situation they clearly did not do! There needs to be more rigourous checking by supervisors on cases, if their case loads are too big then share them with other counties instead of letting them slip through the net. What's an extra few miles of travelling when it comes to the protection of vulnerable people, after all isn't that why they chose that career because they cared?? Perhaps if the health authorities notified the boys Father of any reported incidents he would have taken him straight out of that home?
12:06 on 16/05/2012
I am so heartbroken for this precious baby. Personally, I think every single social worker remotely involved with the case should lose their license, their job, and face a trial for neglect. Is the child's life worth nothing??? Their supervisors should also answer to a review board with the greatest of scrutiny.
12:14 on 16/05/2012
Agree. My heart is broken seeing the picture of this precious child. I believe that every single social worker remotely associated with this case should lose their license, their job and face a court for negligence. Further I think supervisors' policies should be scrutinized and should face sanctions, fines, etc. This death was preventable on a dozen levels. There are few innocent parties.
08:09 on 16/05/2012
I keep suggesting there be a law against single parents allowing someone with a criminal record live in the same quarters with their minor children. If the selfish horny parents WON'T act responsibly, then society has to give them the option of losing their kids or getting their 'urges' taken care of outside the family home. The 3-strike policy will apply if said parents are reported bringing strangers into the house with their children; that sort of cheating won't be allowed either.
photo
HUFFPOST SUPER USER
Carl E Cook
13:17 on 16/05/2012
that would be nearly impossible to enact, much less supervise..........how about if all the jerks of planet earth have to move to greenland and madagascar..........wait, we'd have to add in australia, antarctica, iceland...........
photo
HUFFPOST SUPER USER
OhioPaul
22:18 on 15/05/2012
I was linked here from the USA link, at first, having no idea where I was at, "home in Sheepwalk, Paston, near Peterborough". The crime against young children, itself, is too often happening in the USA. Do mothers always get custody in Great Britain? Social services in the USA, I believe, are quicker to take children away from abusive parents. Often, school teachers intercede. In the USA men who harm children are not very well liked in prison. Funny, I always thought things like this only happen here in America.
photo
HUFFPOST SUPER USER
OhioPaul
00:26 on 16/05/2012
"In 2004 the 13th Protocol to the European Convention on Human Rights became binding on the United Kingdom, prohibiting the restoration of the death penalty for as long as the UK is a party to the Convention." This is what I thought. Those who are wanting to pull the switch are my countrymen, I assume. Ironically, though the child was shown depraved cruelty, it might not have been subject to the death penalty, which requires premeditation in the US. It is certainly murder 2 in the US, showing depraved disregard for life. There should also be civil charges against the social workers.
photo
HUFFPOST SUPER USER
Carl E Cook
13:20 on 16/05/2012
the 13th protocol is bizarre........if i had a say in england, i'd tell them to--in my most british accent--to stuff it, mate..........
photo
HUFFPOST SUPER USER
harmonikasavingsbonds
Standard?Nonsense! I DEMAND an automatic poodle!
22:05 on 15/05/2012
But gays should not be allowed to marry, right?
This comment has been removed.
photo
HUFFPOST COMMUNITY MODERATOR
BannedFromCommenting
♼ ♼ PLEASE RECYCLE TROLLS ♼ ♼
18:39 on 15/05/2012
Say good bye in prison! I hope he is dead in the first month.
HUFFPOST SUPER USER
luellawhewei
18:35 on 15/05/2012
This case shows a lack of justice on so many levels. Not only the murderer, but the mother and the child abuse investigation system. This child was systematically tortured to death and no one did anything to stop it.
photo
HUFFPOST SUPER USER
karen lyons kalmenson
i poem/paint, sometimes, i ain't
14:53 on 15/05/2012
this man needs to be locked in solitary for life, his only company pictures of his innocent victim...and an hour a day of quality shower time with horny, angry, child loving fellow guests of the penal system.
23:29 on 15/05/2012
If he's kept in the prison population he'll end up with a fate worse than death. Child killers and child molesters do not fair well in prison.
photo
HUFFPOST SUPER USER
karen lyons kalmenson
i poem/paint, sometimes, i ain't
23:47 on 15/05/2012
just let him loose and he would be dead in 20 minutes, like jeffrey dahmer....but he needs to languish longer
13:41 on 15/05/2012
The most telling and tragic line in this report is that Elvis Lee was himself a victim of child abuse. This is the issue at the heart of this matter: this is a man who himself was damaged and let down by the system.
photo
HUFFPOST SUPER USER
Bobby Reed
Dangerously Talented Since 1987
13:55 on 15/05/2012
That's usually the way it works.
HUFFPOST SUPER USER
inkwell92
14:17 on 15/05/2012
I think the most tragic line regarding this report is for Tyler who was horribly let down by the system not for Elvis Lee
13:15 on 15/05/2012
I hope and pray this evil monster gets what he deserves in prison.
HUFFPOST SUPER USER
AmyK0 o
13:12 on 15/05/2012
How can a mother stand by and let someone hurt her child? I couldn't.
photo
HUFFPOST COMMUNITY MODERATOR
BannedFromCommenting
♼ ♼ PLEASE RECYCLE TROLLS ♼ ♼
18:41 on 15/05/2012
Afraid of her own safety over her son? That man would have been dead by my hand if he had touched my child!
HUFFPOST SUPER USER
AmyK0 o
19:22 on 15/05/2012
Exactly.
photo
HUFFPOST SUPER USER
VanTroi
20:27 on 15/05/2012
happens all the time they value the new dick more than the child.
photo
HUFFPOST SUPER USER
RationalCaliGirl
Vasectomies prevent abortions...
07:51 on 16/05/2012
Exactly!
photo
HUFFPOST SUPER USER
Barbara Longstaff
12:15 on 15/05/2012
What the authorities should do is sterilise the pair of them so no more children can be born to this horrible pair of inhuman beings. Poor little mite he has lived 5 years on this earth and suffered probably for most of them. Bring back hanging the pair should not be allowed to live for this horrendous crime. May this poor little mite Rest in peace now. Social Services again has failed - what a surprise.
photo
HUFFPOST SUPER USER
Christian Cantwell
creating a smile one post at a time
12:08 on 15/05/2012
Wow!!!!!!! This situation is a horrible one indeed.. My question is, where was the actual father during all of the other incidents of abuse? I mean, you cant overlook your child's broken leg and injuries to his private area. He may feel just as guilty knowing that in hindsight, he failed this precious little boy. And it saddens me that God blesses people like these with little angels,while some kind and deserving people go childless...
photo
HUFFPOST SUPER USER
VanTroi
20:28 on 15/05/2012
He was probably reporting it ,nothing was done by the court but to send him back to the abuse.
photo
HUFFPOST SUPER USER
AuntInAZ
Hypocrisy is one of my pet peeves.
08:26 on 16/05/2012
I read a couple of articles about this case not too long after the child's death. The father was quoted as saying he had some suspicions but that he was required by law to return the child to his mother. I can't say what he actually reported, but he did definitely say he had no legal choice but to bring the child back to his mother.
23:45 on 15/05/2012
I've done some foster care respite & I have to tell you that you can call, send detailed e-mails, ask for meetings and sqwack & complain about neglect and abuse but it can fall on death ears and leave you feeling helpless. We've all read the cases of mothers being forced to allow visitations to fathers they were sure abusing their kids. That said, I believe I would have grabbed the kid and fled across the country. I wonder if he was told all that happened to his son in the past.
This user has chosen to opt out of the Badges program
04:52 on 16/05/2012
Deaf ears not death ears.
photo
HUFFPOST SUPER USER
Christian Cantwell
creating a smile one post at a time
05:23 on 16/05/2012
That is truly horrible. The system has failed us all.
photo
HUFFPOST SUPER USER
inthelandoftheblind
Obama wants a strong Middle Class
09:41 on 15/05/2012
Isn't it obvious? We need better laws to protect innocent children from monsters like these parents.That poor, helpless child.

Earlier read on this site of a young boy who was locked in his room & left alone to starve to death.How horrible.

Parents who clearly don't care about their children should give them up to people who want children. They'd be much better off & such tragedies could be averted.