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/cw/reporting_abuse.
Warning: This story contains graphic descriptions of child abuse.
A 10-year-old Bangor boy was consistently abused for at least five months before he was killed by his parents and grandma, including suffering physical abuse, having food withheld and being zip-tied while in his home, court documents said.
Braxtyn Smith, 10, died Feb. 18 at a Bangor hospital. His father, Joshua Smith, 33; mother, Jem Bean, 35; and grandma, Mistie Latourette, 56, all of Bangor are charged with depraved indifference murder in Penobscot County Superior Court for allegedly engaging in conduct that did not value human life and led to the death of Braxtyn.
A 15-page affidavit released after their first court appearances Friday outlines the horrific abuse Braxtyn allegedly experienced at the hands of his parents and grandmother. The adults described to police how the 10-year-old was zip-tied — to chairs and 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.
Braxtyn’s death is the latest high-profile child death in the state. Maltreatment of children occurs at a higher rate in Maine than other states, according to a 2023 report from the Office of Child and Family Service. The Maine Department of Health and Human Services has attributed that to the state using a broader definition of “maltreatment” than others, but advocates have raised concerns over Maine’s maltreatment figures worsening in recent years.
A DHHS spokesperson declined to say whether the department had previously investigated Braxtyn’s family.
A $300,000 bail for each person was set. All three were still in the Penobscot County Jail on Friday afternoon. The case will be reviewed by a grand jury, but the next public court date is not yet scheduled.
Braxtyn was homeschooled his whole life, the affidavit said. He also had a sibling, who is not identified in court records.
The physical abuse of Braxtyn started when he was 9, Bean told police. Smith described how he would have fun slapping Braxtyn in text messages to his mother, Latourette, in early September, according to the affidavit.
Smith told police the 10-year-old decided he was overweight and needed to diet and would refuse to eat meals his parents had prepared and later say he was hungry. Latourette said she told Smith to withhold food as punishment, but refused to tell police the extent food was withheld and for how long it had been happening, the affidavit said. In a text to Smith, Latourette said she wanted to tempt Braxtyn to eat laxative chocolates.
During a Fourth of July party at another person’s home, Braxtyn told someone that he was not allowed food. Smith said that wasn’t true and that Braxtyn did not need the food “to survive,” according to the affidavit.
When Bean prepared dinners, Braxtyn would dig through the trash looking for food, she told police. Smith said he could not take the boy to the grocery store anymore because the child asked for food that wouldn’t be purchased.
After the boy was brought to St. Joseph Hospital in Bangor on the day of his death, hospital staff told police his vomit smelled like dry pet food. Smith and Bean said they did not know how Braxtyn would have access to pet food. Latourette told police she had a small dog and kept dog food in her purse, which she would bring when she visited, according to the affidavit.
Smith told police he felt responsible for Braxtyn’s death because he was supposed to protect his son, but that his son was also responsible for his own death because he was not eating “decent food.”
Throughout the day before his death, Braxtyn was acting “off,” Bean told Bangor police, but she could not elaborate, the court filing said. He woke up around midnight Feb. 18, saying he felt sick and his stomach hurt.
Bean put him in a warm shower to try to help him, but he collapsed. After she took him out of the shower, he threw up and was breathing shallowly. She gave him a few breaths and he seemed to be doing better, according to the affidavit.
She called Braxtyn’s grandmother, Latourette, who came over to help. The two of them said they were monitoring the boy’s pulse overnight and around 8 a.m., he appeared to no longer be breathing. Bean began CPR and realized it was not working after “awhile,” so they drove him to St. Joseph Hospital, the court record said.
Braxtyn did not have a pulse and was not breathing when hospital staff took over his care.
When the medical team got Braxtyn’s pulse back, Latourette said, “he’s a liar,” and Bean said, “he lies all the time,” according to the affidavit.
Braxtyn was transferred to the Northern Light Eastern Maine Medical Center. He died about 13 hours after he first was taken to a hospital. Bangor police were called to the Northern Light because Braxtyn was malnourished and had numerous injuries, including bruises to face and body and cigar burns.
The autopsy uncovered evidence of sodomy, but Smith denied all knowledge of that happening. He said he had never touched “that child,” the affidavit said.
Bean said they used “tough love,” for Braxtyn, which meant he needed to do chores to earn time with toys or the TV. In December, Smith sent text messages to Latourette describing how he couldn’t do what he wanted because he didn’t trust Braxtyn to stay anywhere with the small zip ties. He also said he was going to “kill,” Braxtyn, the affidavit said.
During interviews with police, Smith and Bean described Braxtyn as a stubborn child who had temper tantrums and needed to be restrained, typically by being zip-tied to a kitchen chair, according to the affidavit. He would also be zip-tied while napping.
Smith said he considered buying handcuffs because it would be cheaper than continuing to buy zip ties. His parents would zip tie Braxtyn to themselves and switch who he was zip-tied to as the adults moved around the mobile home.
Braxtyn would be zip-tied to either Bean or Smith overnight, because he chewed through the zip ties when was left in the living room, the affidavit said. After escaping the ties, he would sneak a candy bar, Bean told police.
Braxtyn’s grandmother told police she didn’t see him being zip tied as “a harmful option,” and they had “gotta do what you gotta do,” to keep him from hurting himself and others, the affidavit said.
When police asked Bean, Latourette and Smith about the numerous injuries on Braxtyn, they would say that they were caused by accidents as the boy fell or that they didn’t know how he got them, according to the affidavit. Smith said the three of them are the only ones who provide care for Braxtyn.
Braxtyn had a brain bleed, the medical examiner found. Smith said Braxtyn had tripped and hit his head on an air conditioner unit a couple days before his death, the affidavit said. Braxtyn had become “more problematic” in the weeks before his death, Smith told police.
At one point Smith punched Braxtyn in the chest, knocking him to the ground, Bean told police. She said she stepped between the two. Smith described that as “playing around” and “popping” him in the chest, the affidavit said.
In September Smith texted Latourette and described Bean trying to stop Smith from beating him up and Bean saying to take his anger out on her, according to the affidavit. Bean told police she didn’t agree with Smith’s decision to zip tie Braxtyn and withhold food from him.
Correction: A previous version incorrectly described what the family told police. The autopsy uncovered evidence of sodomy, but Smith denied all knowledge of that happening.
