The man accused of killing his 10-year-old son will have a mental examination to see if he is competent to proceed.
Joshua Smith, 33, is one of three people accused of depraved indifference murder in the death of Braxtyn Smith, 10. The boy’s mother, Jem Bean, 35, and grandmother, Mistie Latourette, 56, are also charged.
The State Forensic Service is examining Smith to see if he is mentally competent to proceed in the criminal case, according to court records. The exam will evaluate Smith’s mental state at the time of the alleged crime.
Smith “may not be criminally responsible by reason of insanity for any conduct he may have engaged in,” according to an April 1 motion from his attorney.
The result of the examination will be filed in court in early June, according to court records.
A 15-page affidavit 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 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.
Bean, Latourette and Smith are scheduled for a status conference hearing at 9 a.m., May 28, according to court records. All three are in the Penobscot County Jail with a $300,000 bail per person.
