Grandmother changes plea in toddler death case

A woman facing a negligent homicide charge for the death of her 1-year-old grandson changed her plea in court Tuesday afternoon.

Tracy Ann Harless, 50, entered a "guilty by Alford plea" before District Judge Greg Pinski to the negligent homicide charge. Her trial was scheduled to begin Monday.

The deal carries a recommended sentence of 20 years in the Montana Women's Prison with 15 years suspended and no parole restrictions. Harless faces up to 20 years in prison, according to the statute. Pinski explained that he can sentence her to more time than the non-binding agreement calls for, and she would not be able to withdraw her plea.

The state also agrees to not file any charges based on allegations of narcotics distribution as a condition of the deal.

Harless' grandson, Riley Padilla, was found unresponsive in his crib July 28, 2013, according to court documents. The charging information says the toddler died of an Oxycodone overdose, in an amount that would have killed an adult. Charging documents say Harless told a detective that she'd been responsible for Riley getting "the pill" several times.

Investigators reported that 31 pills were estimated missing, based on Harless' prescription records, dosing and the number of pills found at the home.

Detective Dan Smith of the Great Falls Police Department provided a factual basis for the court as an Alford plea is an admission that a jury would likely convict a defendant at trial. Smith explained that Riley had Oxycodone and cocaine present in his blood, a combination that matched Harless' blood chemistry, but not his mother's or aunt's, who also lived in the defendant's home.

Smith testified that Harless told investigators that she hid her Oxycodone pills throughout her home days before Riley's death.

"Tracy was in the sole care of Riley when he would have ingested the Oxycodone," Smith added.

The detective also said Harless told a neighbor that she killed her grandson. Harless could be heard whispering her objection to that statement.

Pinski asked the defendant to explain why she disagreed with Smith's testimony.

"I never said to anyone that I killed my grandson, or I thought I killed my grandson or might have killed my grandson," Harless said.

She was emotional during these statements, explaining that she made no admission to investigators but expressed that she couldn't "fix" the situation as she left one of her police interviews.

Harless' emotional distress prompted Pinski to take extra care when informing the defendant of the rights she was giving up by changing her plea. Harless said that she understands, and wants the case to be over.

Pinski accepted Harless' change of plea. He will set the sentencing date via court order.

Harless posted a $200,000 bond shortly after she was arrested. Pinski amended the conditions of bail to allow Harless to have contact with her daughter.

Reach Tribune Staff Writer Andrea Fisher-Nitschke at 791-6527 or Anitschke@greatfallstribune.com.

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