The Evergreen man convicted of killing his girlfriend’s 2-year-old son was sentenced to 40 years at the Montana State Prison.
Brandon Walter Lee Newberry was sentenced Tuesday at an emotional hearing in Flathead County District Court. The hearing came more than a year after Newberry was charged with homicide following the death of 2-year-old Forrest Groshelle.
During the 90-minute hearing, Newberry’s attorneys offered testimony showing the 22-year-old had a troubled upbringing and suffered from social anxiety, depression and attention deficit hyperactivity disorder. But the family of the young victim said Newberry should have known that beating a child was wrong, regardless of his struggles.
According to court documents, Newberry was watching Groshelle on a daily basis in January and February 2015 while the boy’s mother, Takara Juntunen, was at work. Groshelle died on Feb. 17 after vomiting for a few days. When police arrived at the home, they found bruising, scratching and abrasions on the boy’s body. An autopsy revealed Groshelle had been hit multiple times in the abdomen, causing a laceration of the small intestine that slowly poisoned the boy. During an interview with law enforcement, Newberry told them in the days before Groshelle’s death he had been “roughhousing” with the child.
Newberry was charged with deliberate homicide soon after and initially denied the allegations. In February 2016, Newberry pleaded Alford to an amended charge of mitigated deliberate homicide. An Alford plea occurs when a defendant does not admit guilt but acknowledges that the prosecution has enough evidence that, if presented to a jury, would likely result in a conviction.
At Tuesday’s sentencing, the court heard testimony from Groshelle’s grandmother and aunt. Cindy Juntunen talked about her grandson’s early health struggles and how much joy Groshelle brought to the family.
“It doesn’t matter if you have anxiety or if you’re on drugs, how could you hurt a child,” Juntunen said. “All Forrest ever wanted was to be loved and you betrayed him by killing him.”
Groshelle’s aunt, Kayla Johnson, talked about her early interactions with Newberry, who only dated Takara Juntunen for three months before Groshelle died. Johnson said Newberry was an angry man who once assaulted her during an argument. She also testified she saw Newberry lock Groshelle in a room when the boy misbehaved and on another occasion sat on him. Johnson said in the weeks prior to Groshelle’s death, Takara Juntunen found bruises on the boy but Newberry said the toddler had fallen.
Johnson told Judge Heidi Ulbricht she hoped Newberry would receive the maximum punishment possible.
“You are a vicious monster and for the sake of your own son and all the other children I hope you never get out of prison, Brandon,” Johnson said. “If it were up to me, you would get the death sentence because that is the sentence you gave to Forrest.”
Following her testimony, Johnson refused to answer any questions from Newberry’s attorneys during cross-examination.
Newberry’s public defenders then offered testimony about Newberry’s untreated mental health issues. Dr. Andrea Weisman, a psychologist and consultant from Washington, D.C. who evaluated Newberry, said the defendant suffered from social anxiety, depression and untreated attention deficit hyperactivity disorder. She said Newberry did not have a stable upbringing, his parents were not around often and he often had to care for his younger siblings.
“The combination of his depression, his social anxiety and his untreated attention deficit hyperactivity disorder created a psychological tsunami,” she said. “He could not form rational or intelligent decisions at the time of the incident.”
Newberry’s aunt, Teresa Newberry, testified that her nephew struggled with drugs and was never able to get the help he needed.
“Brandon’s upbringing was less than ideal,” she said. “Forrest is not the only one who was failed.”
After the testimony, County Attorney Ed Corrigan and Deputy County Attorney Andrew Clegg recommended that Newberry be sentenced to the Montana State Prison for 40 years with no restriction on parole. Newberry’s attorneys, Vicki Frazier and Greg Rapkoch, agreed with the recommendation and said Montana State Prison in Deer Lodge could offer the treatment their client needed.
Prior to handing down her sentence, Judge Ulbricht asked Newberry if there was anything he wanted to say.
“I am more than sorry for what happened and I want the family to know that this will be with me for the rest of my life,” he said.
Ulbricht noted Newberry’s crime “shook the community to its core” before sentencing him to 40 years in prison with no restrictions on parole. Newberry was given credit for 427 days served.