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.
The grandmother of a murdered 10-year-old Bangor boy will spend a decade in prison.
Mistie Latourette, 59, of Bangor, was sentenced to 25 years in prison with all but 10 years suspended on Friday in Penobscot County Superior Court. She pleaded guilty to manslaughter earlier this month in connection to the death of Braxtyn Smith. The boy died Feb. 18, 2024, after experiencing about two years of abuse.
His mother, Jem Bean, 37, was sentenced to 25 years, with all but 10 years suspended, on Friday morning. She pleaded guilty to manslaughter in his death in February.
Latourette and Bean’s roles in Braxtyn’s death were different, and it could be argued that either woman deserved a longer sentence, Judge Ann Murray said.
Neither Bean nor Latourette delivered the blows to Braxtyn’s head that resulted in his hospitalization the day he died, Murray said. But Latourette did physically abuse Braxtyn, which Bean did not do, Murray added.
Braxytn’s father, Joshua Smith, 35, pleaded guilty to depraved indifference murder June 11. He will be sentenced this fall.
In a mostly inaudible speech at the sentencing, Latourette admitted the case was a “result of my failures.” She cried throughout the 15-minute speech.
In the hours before Braxtyn’s death, Latourette said she deferred to Smith and Bean about what to do because he was lethargic. Latourette said she provided some rescue breaths to Braxtyn as she and Bean monitored the boy.
When Braxtyn started vomiting and stopped breathing, Latourette claimed she advocated to take him to the hospital. He died that day.
Assistant Attorney General Leanne Robbin disputed that it was Latourette’s decision to take Braxtyn to the hospital. Bean told investigators she was the one to decide to take him to the hospital, while Latourette said it wasn’t her fault, Robbin said.
Murray outlined the abuse Braxtyn experienced, including deprivation of food, water and sleep, as well as physical abuse, like being hit with a bamboo stick.
“It is just extreme cruelty,” Murray said. “The person standing before me today right now however, did not inflict the physical injuries that caused him to be taken to the hospital in February 2024.”
Murray spent about 25 minutes outlining Latourette’s role in the years of abuse Braxtyn experienced. She said Latourette “slapped Braxtyn in the head from time to time” and forced him to open his mouth after eating trash.
Braxtyn experienced about two years of abuse that wasn’t noticed because the boy was homeschooled, Robbin said previously.
The day before Braxtyn’s death, Latourette was in the car with Braxtyn, Murray said.
“Braxtyn was skin and bones,” Murray said. “There was no way Ms. Latourette did not see Braxtyn’s condition.”
Despite seeing the child and knowing how little he weighed, Latourette continued to encourage his parents to withhold food.
Text messages between Smith and Latourette show various forms of abuse she knew about, and at one point she replied “lovely” when Smith said he slapped the boy across his face, Murray said.
“She knew Braxtyn had to ‘steal’ water,” Murray said. “She knew he was being injured. She knew he was being injured with implements.”
Latourette also worked to hide Braxtyn’s bruises when they were in public, as well as assisted his parents with creating a plan to withhold food until Braxtyn did certain chores, Murray said.
Murray also said Latourette purchased zip ties up to two days before Braxtyn’s death, knowing they would be used to restrain the boy. The grandmother approved of restraining Braxtyn, which has previously been described as zip tying him to items so he could not move.
Murray added that Latourette also worked to conceal the extent of abuse from people, including her own husband. Latourette did not allow her husband to see Braxtyn in the days before his death because the husband “would not agree” with how the child looked, Murray said.
Latourette has accepted responsibility for her actions, even if she was not legally obligated to feed Braxtyn or report the abuse, Murray said. However, Latourette inserted herself into the situation and provided a plan.
“The acts that she did not do were protecting Braxtyn, which I acknowledge she did not have a legal duty to do,” Murray said.
Latourette will spend four years on probation when she is released from prison. Part of her terms will include no contact with Braxtyn’s younger sister.