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A Bangor man pleaded guilty to murdering his 10-year-old son days before his trial was set to begin.
Joshua Smith, 35, pleaded guilty to depraved indifference murder Thursday in Penobscot County Superior Court. He killed his son, 10-year-old Braxtyn Smith, who died Feb. 18, 2024, after experiencing years of abuse.
Smith answered questions from Judge Ann Murray with a flat affect while he changed his plea. After having initially pleaded not guilty, Smith tried to change his plea to not guilty by reason of insanity Tuesday. Murray did not say if she accepted or denied that plea.
When Murray asked if he was pleading guilty because he is in fact guilty, Smith said yes.
Smith is the second family member charged in Braxtyn’s death to plead guilty. Braxtyn’s mother, Jem Bean, previously pleaded guilty to manslaughter in her son’s death. Braxtyn’s paternal grandmother, Mistie Latourette, 59, is also charged with depraved indifference murder and a bench trial in her case is scheduled to begin next week. Bean was expected to be called to testify at Smith and Latourette’s trial, her attorneys said previously.
The abuse inflicted on Braxtyn wasn’t noticed for two years because the boy was homeschooled by Bean and Latourette, Assistant Attorney General Leane Robbin said Thursday.
Smith stared straight ahead as Robbin spent nearly 18 minutes reading through the facts of the case and evidence that would have been presented at a trial. The state would have shown Braxytn was “starved, tortured and beat[en]” to death, Robbin said.
Robbin read a selection of text messages between Smith and Latourette for the two years leading up to Braxtyn’s death. In the messages, Smith threatened to beat the child and kill him.
The text messages were “taken out of context,” Smith said in court. Some of the messages were “sarcasm and stuff like that,” he said.
“It’s not like I was trying to kill him or anything,” Smith said.
Robbin rattled off numerous conditions Braxtyn had when he arrived at the hospital, from low white blood cells to blood that wouldn’t clot to brain hemorrhages, some of which were weeks old.
In the months before Braxtyn died, Smith took away his bedroom, forcing the boy to sleep on the bathroom floor or living room with only a blanket, Robbin said. Braxtyn would have his hands zip tied behind back and his foot zip tied to a plastic tote while he slept, Robbin said.
Medical staff worked to keep Braxtyn alive, despite knowing he wouldn’t survive, so Smith could get to the hospital to say goodbye, Robbin said.
During that time, Smith went to a marijuana shop, Robbin 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 boy 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.
Smith is in the Penobscot County Jail until he’s sentenced, likely in late September. The maximum possible sentence is life in prison.
If you are concerned about a child being neglected or abused, call Maine’s 24-hour hotline at 800-452-1999 or 711 to speak with a child protective specialist. Calls may be made anonymously. For more information, visit maine.gov/dhhs/ocfs/provider-resources/reporting-suspected-child-abuse-and-neglect.