Orofino woman pleads guilty

By David Johnson Tuesday, December 11, 2007

Rita Johnston, the Orofino stepgrandmother of a 15-month-old boy who died July 4 after being left in a hot car for five hours, pleaded guilty Monday to involuntary manslaughter and faces a potential 10-year prison term.

Johnston, 33, will be sentenced March 10 by 2nd District Judge John Bradbury of Grangeville. Her plea was the result of an agreement between Clearwater County Prosecutor Clayne Tyler and Public Defender Jack Hathaway.

In exchange for the guilty plea, a charge of felony injury to a child was dropped. Tyler told the Lewiston Tribune that he lacked enough evidence to prove Johnston knew she had left the child, Patrick Graber Jr., in the parked car.

In addition to the prison term, Johnston faces a maximum $10,000 fine.

The plea agreement, Tyler said, does not include any sentencing recommendations and Bradbury, therefore, has latitude to impose any sentence he wants within the law.

Johnston remains free on a $15,000 bond.

The boy, according to court records, was found inside Johnston's vehicle with the windows up by a passerby who notified authorities. Police broke the window of the car, but the child was declared dead at the scene, according to a report.

Johnston, according to a probable cause affidavit, said she forgot the Graber boy in the car after going into a house around 1 p.m. to visit a friend. She told authorities she fell asleep and the child was found around 6 p.m., after outside temperatures rose to 95 degrees, according to the affidavit.

At the time of Johnston's arrest, Hathaway said his client was filled with remorse and told him she wanted to go to prison.

The boy was the son of 21-year-old Patrick Graber and 20-year-old Amanda Graber.

Tyler said an investigation showed Johnston was not under the influence of alcohol or any drugs when she left her grandson in the vehicle. The incident happened at a residence near the corner of D Street and Michigan Avenue in Orofino. Johnston said she had gone to the house after a verbal altercation with her younger daughter's boyfriend.

The man at the residence, according to a report, said he had no idea the child was in the car when Johnston arrived.

Originally published by the Lewiston Tribune