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Man who killed toddler changes plea

Megan Strickland | Hagadone News Network | UPDATED 8 years, 11 months AGO
by Megan Strickland
| February 10, 2016 12:39 PM

A 22-year-old Evergreen man admitted Wednesday that he would probably be found guilty of killing a 2-year-old child, though he gave no details about the death of the toddler nearly a year ago.

Brandon Lee Walter Newberry entered an Alford plea to mitigated deliberate homicide, reduced from deliberate homicide in a plea deal, for killing toddler Forrest Groshelle on Feb. 18, 2015. An Alford plea does not directly acknowledge guilt but it does admit that a defendant is likely to be found guilty at trial.

According to court documents, Forrest was found unresponsive at a Shady Lane residence after Newberry called 911 on the day of the child’s death. Newberry allegedly was heard yelling “It’s my fault, it’s my fault,” in the phone call.

The child was found with scratching, bruising and abrasions on his body. A medical examiner determined that Forrest died of a laceration of the small intestine, likely caused by blunt force trauma to the abdomen.

Newberry told investigators he had been rough-housing with the youngster a day earlier, according to court documents.

Prosecutor Andrew Clegg and Flathead County Attorney Ed Corrigan have said they intend to seek the maximum 40-year sentence available when Newberry is sentenced April 19. The minimum sentence is two years. Clegg and Corrigan will not pursue parole restrictions on the sentence.

Defense attorneys Vicki Frazier and Greg Rapkoch will argue for a lesser sentence, but did not specify in the plea agreement what their recommendation will be.

Included in the paperwork for the plea change was an acknowledgment that at the time of Groshelle’s death, Newberry was suffering from diagnosed but untreated social anxiety disorder as well as impulse control disorder that contributed to depression.

It was standing-room only in the courtroom Wednesday as more than 40 people squeezed in to hear the brief proceeding.

Forrest’s grandmother Cindy Juntunen was not completely on board with the possible sentence Newberry will face.

“All I can say is that I think Forrest got a little justice, but not a lot,” Juntunen said. “If it was me, it would have been a life sentence. We need justice for my grandson.”

Juntunen said her family will continue to advocate for a just sentence at Newberry’s sentencing on April 19. Forrest’s mother, Takara Juntunen, is so devastated by her son’s death that she could not bear to come to Wednesday’s hearing, Cindy Juntunen said. The past year without the boy has greatly impacted his mother’s ability to live her life, according to Juntunen.

A harsh sentence will send a message that it is not OK to hurt children, she reasoned.

“We will fight for forever to have that happen,” Juntunen said.

At Wednesday’s hearing, children’s rights advocate Cheryl Hodges wore a deep blue top and blue ribbons associated with child abuse awareness.

“I think it’s a good possible sentence, but it could be better,” Hodges said. “It could be life in prison with no parole. I think any time someone kills a child for no reason, it is a capital offense. Forrest’s rights were violated. It should have been life with no parole.”

Jessica Edenburn, who also has an interest in children’s rights, said she was glad Newberry would get some time behind bars.

“At least he’s getting time served for his crime,” Edenburn said. “That guilt is going to eat him up. He killed a child.”

Edenburn said she saw the aftermath of when Newberry’s vehicle was trashed and spray painted with hurtful messages shortly after his arrest.

“That was wrong,” Edenburn said. “Vandalizing the man’s car is revenge, not justice. Two wrongs don’t make a right.”

Newberry’s sentencing April 19 will take place during Child Abuse Prevention Month, and Cindy Juntunen plans to take part in the Million March Against Child Abuse within days of the final verdict on Newberry’s criminal fate.

The crowd in court Wednesday included Pete VanAart, whose daughter is a friend of Groshelle’s grandmother. He described the proceedings as “very orderly, very quiet.”

“Obviously there are people on both sides and really a lot of emotions,” VanAart said. “I think the people it mattered to were there.”

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