Woman sentenced in Orofino toddler’s death
On Dec. 10, 2007
Rita Johnston pleaded guilty to a charge of involuntary manslaughter. The charge
resulted from the death of Patrick Graber Jr. on
July 4, 2007.
The child was found dead in the backseat of
Johnston’s
car on that date, after being left unattended in the closed car for several
hours in almost 100 degree weather.
District Court Judge John Bradbury imposed sentencing on Rita Johnston, Orofino, on March 17. Johnston pleaded guilty to involuntary manslaughter, following the death of her step-grandson, 15 month old Patrick Graber, Jr. on July 4, 2007.
Bradbury sentenced Johnston to a deferred judgment with three years probation, 100 hours of community service and house arrest for a period of three months. She is to make payments for funeral and other expenses, with the monthly amount to be determined by her probation officer.
In addition she must obtain additional psychological treatment and submit to random drug and alcohol testing at the discretion of her probation officer. Her probation officer will determine whether she is to be allowed to care for minor children without supervision.
In a courtroom packed with family, friends, and news services from Lewiston, Spokane and Orofino, the court heard letters read by those deemed to be victims by statute.
Patrick Graber Sr. spoke of the pain of losing a child under circumstances that could have been avoided, and of the void left by the loss of his son. “A mother should never forget a child,” he said, “especially one as precious as mine and Amanda’s.” He asked that the court not allow Johnston to spend time with his daughter or any other minor child.
Family friend Connie Ish read a letter written by paternal grandparents Michael and Theresa Graber. The Grabers stated that an “act of extreme negligence” had deprived them of the “happiest, sweetest and best little boy we have ever known.” Mr. Graber voiced his concern that justice be served, while stating he had “no choice but to forgive.”
Mother Amanda Graber elected not to speak.
Clearwater County Prosecutor Clayne Tyler reiterated the facts of the case. He said Johnston has no prior criminal record, and that drug and alcohol tests conducted on the day of the child’s death showed only the presence of prescription drugs.
“Myself and my staff have struggled greatly with this case,” Tyler stated, noting that different circumstances, i.e. Johnston being found in a tavern rather than a friend’s home, would have caused the state to pursue the severest possible sentencing.
Referring to pre-sentencing documents, Johnston’s attorney, Jack Hathaway quoted his client as stating “Any attempt at an answer to this tragedy just feels like a dismissal of my grandson. Even the thought of such a dismissal makes me physically ill. Though I do not close myself off to the other members of this family, neither do I force an explanation on them. I can only ask their forgiveness.” Hathaway concluded his remarks with the statement, “She’s a good person.”
Speaking on her own behalf, Johnston said…”the most important thing I want to get across is that, just that, I’m very deeply concerned that people should understand that this was an accident, not because of me, but because I don’t see how someone can go their whole life struggling over whether or not I’m malicious or whether or not I cared about Patrick. I don’t think it would be expedient to their healing process.”
She continued, “I’m very concerned that they would understand that I loved my grandson, and don’t see how I could possibly push an explanation on someone. As I sat trying, in my home, to figure out what I would say, I spent hours on different days and all I could think of was that I was trying to make an excuse, which I wasn’t, but that’s what it seemed like to me.
"I couldn’t think of anything by way of helping them understand, but I wish I could—and I do ask their forgiveness.”
The state must consider a number of factors in sentencing recommendations. Does the defendant pose a danger to society? Will the sentence deter the defendant or others from doing the same? Will rehabilitation result from the sentence? Lastly, will society deem the punishment to be suitable?
Judge Bradbury said the hardest part of his job is sentencing, particularly when there is a tragic result where no harm was intended at all.
Having determined through research that the prescriptions Johnston was taking, for bipolar disorder and depression, at the time of Patrick’s death can cause short term memory loss, and being convinced that Johnston had no intent to harm the child, Bradbury opted to defer judgment and impose three years probation, 100 hours of community service and three months house arrest.