A Bangor woman will plead guilty to manslaughter Friday in the 2024 death of her 10-year-old son.
Jem Bean, 37, will enter a guilty plea to manslaughter for her role in the death of Braxtyn Smith, her attorney, Hunter Tzovarras, told the Bangor Daily News on Thursday. She will appear in Penobscot County Superior Court at 8:30 a.m. Friday.
Braxtyn died Feb. 18, 2024, at a Bangor hospital after months of abuse. His parents, Joshua Smith and Bean, as well as his grandmother, Mistie Latourette, are charged with depraved indifference murder.
Bean’s involvement was more criminal negligence, as the manslaughter plea reflects, instead of intentional conduct or depraved indifference, Tzovarras said.
“[The plea] is a more fair reflection of her involvement and ultimately [Braxtyn’s] passing,” Tzovarras said.
A 15-page document released in March 2024 outlined the horrific abuse Smith, Bean and Latourette allegedly inflicted on Braxtyn. The adults described to police how the 10-year-old was zip tied to chairs and to his parents, forced to dig through the trash for food, and called insulting names, according to the affidavit for probable cause compiled by the Bangor Police Department.
The physical abuse of Braxtyn started when he was 9, Bean told police previously. In early September 2023 text messages to his mother, Latourette, Smith described how he would have fun slapping Braxtyn, according to the affidavit.
Latourette said she told Smith to withhold food as punishment and Smith told police that the boy decided to diet because he was overweight, the affidavit said.
Text messages between Smith and Latourette describe how Smith didn’t trust Braxtyn to stay where he belonged when he was zip tied, the affidavit said. Smith also said he was going to “kill” Braxtyn.
Another time, Smith texted Latourette and described how Bean tried to stop Smith from beating Braxtyn and that she said Smith should take his anger out on her instead, according to the affidavit. Bean told police she didn’t agree with Smith’s decision to zip tie Braxtyn and withhold food from him.
The trio also told police that Braxtyn’s injuries were caused by accidents or that they didn’t know how he got them, the affidavit said.
Bean told police that Braxtyn was acting “off” the day before he died. She called Latourette and the two monitored his pulse overnight. Around 8 a.m. on Feb. 18, 2024, they realized he was not breathing and Bean said she started CPR. She said she realized it wasn’t working and they drove him to St. Joseph Hospital.
Braxtyn died about 13 hours later, the affidavit said.
The plea does not mandate Bean’s testimony during the trials for Smith and Latourette, but Tzovarras said he expects the state of Maine to call her as a witness.
Bean is being held at the Penobscot County Jail, along with Smith and Latourette.
Smith and Latourette are scheduled for jury selection and trial starting March 23. Bean will be sentenced after the jury trial, Tzovarras said.