BDN reporters help make the Bangor region a better place by holding officials accountable and shining a light. Your donation can help raise $60,000 this spring to support our reporting. Make a donation now.
The Bangor woman accused of helping kill her 10-year-old grandson pleaded guilty Friday afternoon.
Mistie Latourette, 59, pleaded guilty to manslaughter in the death of Braxtyn Smith in Penobscot County Superior Court. She was scheduled for a bench trial to start next week.
Her guilty plea is the last of three in Braxtyn’s death. The boy’s father, Joshua Smith, 35, pleaded guilty to depraved indifference murder Thursday. Braxtyn’s mother, Jem Bean, previously pleaded guilty to manslaughter in her son’s death.
Latourette pleaded guilty as part of a plea agreement with the Office of the Maine Attorney General that was reached on Friday, Deputy Attorney General Lisa Bogue said.
Braxtyn experienced about two years of abuse that wasn’t noticed because the boy was homeschooled by Bean and Latourette, Assistant Attorney General Leane Robbin said Thursday.
The office will recommend an agreed upon sentence of 25 years with but 15 years suspended, but Latourette can ask for a shorter sentence, Bogue said.
Latourette could have been convicted of murder if the case had proceeded to trial, which carries a minimum of 25 years, her attorney Chris MacLean said. He said he will argue for time served, about 28 months that she has spent in jail.
MacLean disputes that Latourette’s actions were the cause of Braxtyn’s death.
Prosecutors have said Braxtyn would have his hands zip tied behind back and his foot zip tied to a plastic tote while he slept. He would also have meals withheld.
There were two times Latourette bought Smith zip ties, but she could not have reasonably foreseen that it would lead to the boy’s death, her attorney said. There were times she suggested withholding meals until Braxtyn did chores but again that’s not something that would lead to a starvation death, MacLean said.
“She made choices that in retrospect she recognizes could have been handled differently,” MacLean said. “We thought the better way to handle things is to accept responsibility with manslaughter.”
It was a very difficult case, and it is good for it to come to a conclusion without a trial, Bogue said.
Latourette sentencing will happen the week of June 26. Bean’s sentencing is not yet scheduled. Smith’s will likely happen in late September. All three are in the Penobscot County Jail.