Bad & Ugly: Negligence Causes Toddler's Death **Update**

Bad & Ugly: Negligence Causes Toddler's Death **Update**

This is a discussion on Bad & Ugly: Negligence Causes Toddler's Death **Update** within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; I hope our county attorney throws the book at this low-life, including gun charges. Man arrested after toddler shot to death Posted: Friday, Mar 07, ...

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Thread: Bad & Ugly: Negligence Causes Toddler's Death **Update**

  1. #1
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    Angry Bad & Ugly: Negligence Causes Toddler's Death **Update**

    I hope our county attorney throws the book at this low-life, including gun charges.

    Man arrested after toddler shot to death
    Posted: Friday, Mar 07, 2008 - 1208 am MST
    By NICK LEDDEN/Daily Inter Lake



    A 20-month-old girl was shot in the head and died Wednesday night, and the Evergreen man who was taking care of her is in jail.

    Authorities continued Thursday to investigate the shooting death of Korbyn EvMay Williams.

    The suspect, Dwayne Scott Smail, 23, was arrested Wednesday night on suspicion of negligent homicide and is in custody pending formal charges by the Flathead County Attorney’s Office.

    Smail called 911 at 8:21 p.m. Wednesday from the Montana Village apartment complex on Montana 35 in Evergreen to report that a child had been shot in the head, according to the Flathead County Sheriff’s Office.


    The toddler reportedly had access to the loaded 9 mm handgun that resulted in her death. She died at the scene.

    Smail, who was in a relationship with the toddler’s mother, was caring for the girl in an apartment the three shared. The mother was at work when the shooting occurred, Flathead County Undersheriff Pete Wingert said.

    No one else was home at the time.

    Officers found Smail at the scene and took him to the Kalispell police station, where he was arrested after interviews with investigators.

    The toddler’s body was taken to the Montana State Crime Lab in Missoula for a forensic autopsy. A blood-spatter analysis is being conducted at the apartment, Wingert said.

    Smail’s criminal history includes a 2003 conviction for misdemeanor assault in Thurston County, Wash., and a 2004 conviction for partner assault in Laurel.


    When you’re wounded and left on Afghanistan’s plains,
    And the women come out to cut up what remains,
    Just roll to your rifle and blow out your brains,
    And go to your God like a soldier.

    Rudyard Kipling


    Terry


  2. #2
    Member Array foreveryoung001's Avatar
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    I'm just speechless
    When the messenger arrives and says 'Don't shoot the messenger,' it's a good idea to be prepared to shoot the messenger, just in case.

  3. #3
    Distinguished Member Array Reborn's Avatar
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    I have no words for this kind of thing....they all been said here so many times...
    Psalms 144:1
    Blessed be the Lord my strength, which teacheth my hands to war, and my fingers to fight.
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  4. #4
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    Horribly sad, and so easily preventable. My grandson is 17 months old so this makes me think about him......... not that I haven't already. His mother and father are diligent about denying him access to guns at his age and I hope they continue to do so. I have to make sure that everything is safe here when he comes to visit also.

    I know it's possible, but it would seem to be a pretty difficult task for a 20 month old to solely operate a 9mm pistol and at the same time shoot herself? Of course I don't know anything about the manner she was shot, or the type of gun, but besides the apparent negligence, I'm a little suspicious of the boyfriend?
    Turn the election's in 2014 to a "2A Revolution". It will serve as a 1994 refresher not to "infringe" on our Second Amendment. We know who they are now.........SEND 'EM HOME. Our success in this will be proportional to how hard we work to make it happen.

  5. #5
    VIP Member Array Janq's Avatar
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    My son is 20 months old.

    He's a big boy for his age and per growth charts (90th percentile and he's big as a 3 yr. old) but even with that he does not have the hand strength nor finger length to pull the trigger on any of the plastic toy squirt guns we have laying around the house and in the bathroom tub. Those have less than 5 lbs. of trigger pull spring pressure.
    Not to say it's impossible but I struggle to imagine how an average 20 mo. old could hold and handle a gun of any sort muchless have strength enough to somehow manipulate the gun to face itself and at that have enough capability to depress the trigger at 5 or more lbs. of pressure (!?).

    I'm not buying the story of negligence...

    - Horatio 'Murder' Caine
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing

  6. #6
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    I'm not buying the story of negligence...
    The county Sheriff is...


    When you’re wounded and left on Afghanistan’s plains,
    And the women come out to cut up what remains,
    Just roll to your rifle and blow out your brains,
    And go to your God like a soldier.

    Rudyard Kipling


    Terry

  7. #7
    VIP Member Array Janq's Avatar
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    Quote Originally Posted by Captain Crunch View Post
    The county Sheriff is...
    "...on suspicion of negligent homicide and is in custody pending formal charges by the Flathead County Attorney’s Office."

    The story indicates he's been booked and held on that charge.
    Further investigation is pending though and possibly may result in a change of charges...which I'm going to bet will be the final result case.

    - Janq
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing

  8. #8
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    Quote Originally Posted by Janq View Post
    "...on suspicion of negligent homicide and is in custody pending formal charges by the Flathead County Attorney’s Office."

    The story indicates he's been booked and held on that charge.
    Further investigation is pending though and possibly may result in a change of charges...which I'm going to bet will be the final result case.

    - Janq
    Certainly there will be more on this case in the days to come, pending an autopsy by the State crime lab. Stay tuned.

    For the record, "on suspicion of" is SOP in Montana. A cop can personally witness you blowing someone's head off, and he'll arrest you "on suspicion of" murder.


    When you’re wounded and left on Afghanistan’s plains,
    And the women come out to cut up what remains,
    Just roll to your rifle and blow out your brains,
    And go to your God like a soldier.

    Rudyard Kipling


    Terry

  9. #9
    Distinguished Member Array sniper58's Avatar
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    If the low-life had it on single action, the toddler could touch one off. What a dirt bag!
    Tim
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  10. #10
    Ex Member Array FN1910's Avatar
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    I suspect there is more to come on this. I am not buying his story and I don't think the sherrff will in the end.

  11. #11
    VIP Member Array matiki's Avatar
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    I agree that there may be more to this, but there is also another consideration.

    Being unable to produce 5-7lbs of trigger pull with your forefinger is potentially irrelevant.

    The child may have grabbed the gun backwards... with their thumb in the trigger guard. Surely a 20 month old child has 5-7lbs of grip.

    Additionally, I agree that it could have been a cocked SA.

    This is an awful situation and I hope he goes away forever. But I don't read into this any sort of intentional harm, not yet at least.
    "Wise people learn when they can; fools learn when they must." - The Duke of Wellington

  12. #12
    Member Array Danger Mouse's Avatar
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    Quote Originally Posted by Janq View Post
    My son is 20 months old.

    He's a big boy for his age and per growth charts (90th percentile and he's big as a 3 yr. old) but even with that he does not have the hand strength nor finger length to pull the trigger on any of the plastic toy squirt guns we have laying around the house and in the bathroom tub. Those have less than 5 lbs. of trigger pull spring pressure.
    Not to say it's impossible but I struggle to imagine how an average 20 mo. old could hold and handle a gun of any sort muchless have strength enough to somehow manipulate the gun to face itself and at that have enough capability to depress the trigger at 5 or more lbs. of pressure (!?).

    I'm not buying the story of negligence...

    - Horatio 'Murder' Caine
    My thought too. My guns stay with me ALL the time, never do I leave them around. I have 3 grand children around here. I could not live with myself if this sort of thing happened at my house.
    Think twice
    Buy once!

  13. #13
    Member Array The Arverni's Avatar
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    Hardly a week goes by that I don't read of a child being killed by a "boyfriend" who's not the child's father. People need to be FAR more selective about who has access to their children. The guy's a dirtbag. It's clear that he's got a history, and that he would eventually seriously hurt or kill someone. I say worse than a dirtbag being a dirtbag is a mom who lets a dirtbag near her child.
    Yes, the world has gotten smaller, but it will always be too big to be ruled by unelected bureaucrats.

  14. #14
    Distinguished Member Array airslot's Avatar
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    That they're doing blood splatter analysis, makes me think the sheriff may not believe the story. At that range, I think you would expect to see some powder burns.
    Tragic nonetheless.
    The situation will NEVER BE THE WAY YOU WANT, it WILL BE THE WAY IT IS. You must be FLEXIBLE ENOUGH TO ADAPT and just "DEAL WITH IT".

  15. #15
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    Update

    For those not buying the negligence story.


    An Evergreen man charged with negligent homicide in the shooting death of his girlfriend’s 19-month-old child made an initial appearance Friday in Flathead County Justice Court.


    Dwayne Scott Smail, 23, was informed of his rights, appointed a public defender, and ordered held on $200,000 bail. His arraignment is scheduled for March 27 in Flathead County District Court.

    Smail was taken into custody Wednesday after the 8:21 p.m. shooting death of Korbyn Eva May Williams at the Montana Village apartment complex on Montana 35 in Evergreen.

    According to court documents, Smail told investigators he placed the handgun — which had no safety — on an exposed portion of his bed’s box spring before going to sleep.

    He awoke to Korbyn tapping him on the shoulder. She was holding a 9 mm Ruger pistol, and when Smail went to grab it from her, it went off.

    Korbyn died at the scene from a gunshot wound to the head.

    No one else was in the home at the time.

    Smail was in a relationship with the toddler’s mother, Aimee Marie Williams, and was caring for the child in an apartment the three shared while she was at work, according to the Flathead County Sheriff’s Office.

    Williams told police she had asked Smail several times to keep the handgun out of Korbyn’s reach, most recently when the toddler was found with the pistol a few days before the shooting, court documents showed.

    After the shooting, Smail reportedly went to the mother’s workplace, informed her what happened, and then called 911 saying that Korbyn had been shot.

    Smail was taken to the Kalispell Police Department, where he was arrested after interviews with detectives.

    Korbyn’s body was taken to the Montana State Crime Lab in Missoula for a forensic autopsy, but the results will not be available for some time, said Flathead County Undersheriff Pete Wingert.

    A blood-spatter analysis is being conducted at the apartment by specialists from MicroVision Forensics, who are experts in bloodstain pattern analysis, Wingert added. The specialists are also employees of the Washington state crime lab.

    Wingert said detectives will continue to investigate the circumstances of the shooting, including where Smail and Korbyn were in relation to each other when the gun went off and the pressure required on the trigger to fire the weapon.


    When you’re wounded and left on Afghanistan’s plains,
    And the women come out to cut up what remains,
    Just roll to your rifle and blow out your brains,
    And go to your God like a soldier.

    Rudyard Kipling


    Terry

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