BONNERS FERRY — A nine-day murder trial scheduled to begin Jan. 12 has been dismissed after prosecutors accepted an amended burglary charge that carries no additional jail time. 

Joseph Chester Munroe Albert, 24, was originally charged with first-degree murder. As part of a pretrial settlement agreement, Albert pleaded guilty to an amended count of felony burglary. As part of the deal, Albert was sentenced to serve 609 days in jail, getting credit for 609 days already served  

Albert is also facing immigration consequences as a Canadian citizen who overextended his time in the United States due to being in custody. Following his sentence, Albert was transferred to Immigration and Customs Enforcement. Boundary County Prosecutor Andrakay Pluid told The Herald that the penalties will partially result in limited international travel.  

“The information we received is that he will not be allowed into the U.S. for up to 10 years on that issue alone,” Pluid wrote. “He will also have the felony burglary conviction which may impede future entry into the U.S. as well.”   

Albert entered an Alford plea on the battery charge.  

Under an Alford plea, a defendant admits no wrongdoing but concedes that a guilty verdict could result following a trial. The plea is treated no differently at sentencing than a standard guilty plea.   

Until his sentencing, Albert remained at the Boundary County Jail on a $250,000 bond. 

On Dec. 25, 2023, officials became aware of the incident when Albert took his six-week-old baby to Boundary County Hospital due to unresponsive behavior. The baby was later transferred to Sacred Heart Medical Center, and the initial diagnosis was traumatic head trauma, according to court documents. 

Documents indicate that Albert allegedly went into the baby’s room early that morning because the child was crying. He later said he bounced the baby for about 10 minutes until the child became quiet. He noted intentions of comforting the baby through up and down movements but said he could have bounced her too hard too many times. 

The baby passed away Dec. 31, 2023.

On May 6, 2024, Boundary County Sheriff’s Detective Caleb Watts received the autopsy report conducted by Spokane County. In it, the pathologist wrote that “there is no offered alternative traumatic mechanism that would suggest a non-inflicted, accidental manner. As such, the manner of death is best classified as homicide.” 

Pluid wrote that Albert’s case was a tragedy. 

“An infant died because of his actions but the state has never believed that he intended the result that occurred — death of his child,” Pluid wrote. “The state’s initial charging decision was based on the fact that we believe he intended the action (aggravated battery by abusive head trauma, i.e. he shook the baby) that resulted in her death which is first-degree homicide under Idaho law.” 

Pluid said jury trials are never certain, and that a plea deal was advantageous for the state in this case. 

“Mr. Albert’s defense counsel and I conferred on Wednesday after the hearing and they proposed felony burglary as a plea resolution,” Pluid said. “Burglary is the act of entering a room with the intent to commit a felony. It is somewhat unconventional but does fit the facts. The state had previously offered a plea arrangement for an amendment to involuntary manslaughter and burglary was the defense’s counter to that offer.” 

“The state has recognized through the entirety of this case that we don't necessarily believe that Mr. Albert ever intended the result that happened here,” Pluid said. “We certainly believe he intended to shake the baby, whether that was out of frustration or desperation or whatever the reason was.” 

Defense attorney Catherine Enright said defense experts disagreed with the state’s conclusions, contending the infant's death was a result of severe neonatal virus illness, according to Dr. Susan Marshall. 

“Neither imaging nor autopsy demonstrates evidence of inflicted or accidental trauma,” Enright said. 

“I do think the medical professionals tried their best but they missed some steps,” Enright said. “The evidence would have shown Joe was unfortunately in our opinion coerced into making a confession to having roughly bobbed or bounced the baby potentially causing these injuries after adamantly denying them for quite some time.” 

Judge Susie Jensen said she hoped healing could occur while noting the case could have continued for months. 

“Hopefully with the resolution today everyone can start healing in whatever way they can and in whatever way they need to,” Jensen said. 

“If this resolution was not reached or if the court did not go along with this this case would most likely remain on the docket for at least another six months.”