Negligent Homicide Verdict In Toddler's Death - Montana

This is a discussion on Negligent Homicide Verdict In Toddler's Death - Montana within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; Here's an update to the original thread: http://www.defensivecarry.com/vbulle...ate-x-2-a.html Man guilty on lower charge By NICHOLAS LEDDEN/Daily Inter Lake Published: Wednesday, March 11, 2009 An Evergreen ...

Results 1 to 10 of 10

Thread: Negligent Homicide Verdict In Toddler's Death - Montana

  1. #1
    1943 - 2009
    Array Captain Crunch's Avatar
    Join Date
    Dec 2004
    Location
    Montana
    Posts
    10,371

    Negligent Homicide Verdict In Toddler's Death - Montana

    Here's an update to the original thread:

    http://www.defensivecarry.com/vbulle...ate-x-2-a.html

    Man guilty on lower charge
    By NICHOLAS LEDDEN/Daily Inter Lake
    Published: Wednesday, March 11, 2009
    An Evergreen man was convicted Wednesday afternoon of negligent homicide in the March 5, 2008, shooting death of his girlfriend's 19-month-old daughter.

    After deliberating for three hours, jurors found 24-year-old Dwayne Scott Smail — who was on trial for deliberate homicide — guilty of the lesser murder charge.

    "I'm not surprised. I'm not even disappointed," County Attorney Ed Corrigan said. "We simply couldn't provide an answer as to why he killed that baby."

    Without evidence of intent and "definite, concrete" proof Smail knew the gun was loaded when he pulled the trigger, Corrigan said he understood the jury's decision not to convict Smail of deliberate homicide.

    Defense attorney Steven N. Eschenbacher said the verdict was the "right outcome."

    "We just thought Dwayne never had the intent," Eschenbacher said. "In this particular trial it was more about challenging the state's case than presenting our own."

    Smail, who wept during his testimony and hung his head after the verdict was read, was taken back to the Flathead County Detention Center to await sentencing.

    Prosecutors have said physical evidence at the scene failed to support Smail's version of the shooting or his claim that it was an accident.

    "He never told the truth," Corrigan said. "I don't think he told the truth in court."

    The jury of nine men and six women heard from several forensic experts, including a blood-spatter analyst and medical examiner, who testified that Smail was holding the gun to 19-month-old Korbyn Eva May Williams' head when it discharged.

    Corrigan told jurors Wednesday morning that if they were convinced by testimony that the handgun was against the toddler's head, they "certainly have the right to conclude as well that the pulling of the trigger was not accidental."

    Corrigan also asked the jury to consider the credibility of Smail's testimony, which differed greatly from what he told investigators, a friend who arrived at the scene soon after the shooting, and Williams.

    "He made this statements because he did not want to be caught and held responsible for what he did," said Corrigan, who offered the jury several scenarios of how the shooting may have occurred but acknowledged what actually happened may never be known.

    During testimony Tuesday, Smail — who originally claimed Korbyn shot herself — admitted shooting Korbyn once in the head with a 9 mm Ruger pistol while he cared for her at the Montana Village apartment, located on Montana 35 in Evergreen, that he shared with the child's mother.

    Korbyn's mother, Aimee Marie Williams, was at work at a Kalispell restaurant when the shooting occurred.

    During his closing argument, Eschenbacher asked the jury to return a guilty verdict to negligent homicide.

    "He did not deliberately kill that child," said Eschenbacher, who told the jury they would have to believe Smail was a monster is they thought the shooting was deliberate.

    "Dwayne loved that child," Eschenbacher said. "What kind of person would read a book to a child and then kill them?"

    The state's forensic experts weren't present when the shooting occurred, and all of them admitted they couldn't rule out an accident, Eschenbacher said.

    "They did not prove beyond a reasonable doubt it was not an accident," he said. "What he did was kill the child he loved, but he didn't do it deliberately."

    Smail, who is scheduled to be sentenced May 28, could face up to 20 years in prison and a $50,000 fine. He also could be ordered to serve up to an additional 10 years in prison for using a firearm in the commission of the crime.


    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. Remove Ads

  3. #2
    Ex Member Array PNUT's Avatar
    Join Date
    Feb 2009
    Location
    TN
    Posts
    913
    He put the gun to the kids head, AND pulled the trigger, but it wasn't deliberate ? WTH ?
    What planet did this happen on ? Here on Earth he committed 2 deliberate acts.
    Last edited by Captain Crunch; March 13th, 2009 at 01:43 AM. Reason: Language workaround.

  4. #3
    Moderator
    Array Bark'n's Avatar
    Join Date
    Apr 2007
    Location
    West Central Missouri
    Posts
    9,917
    What PNUT said.... +1
    -Bark'n
    Semper Fi


    "The gun is the great equalizer... For it is the gun, that allows the meek to repel the monsters; Whom are bigger, stronger and without conscience, prey on those who without one, would surely perish."

  5. #4
    Member Array bigiceman's Avatar
    Join Date
    Aug 2007
    Location
    Fort Worth, Texas
    Posts
    491
    My guess:
    Pointed gun and pulled trigger, forgetting that no matter what you may think, every gun is loaded, and to never point a gun at anything you do not wish to destroy.

    Verdict, guilty of dumb in the first degree and second degree murder. Two lives ruined by one idiot.
    But if you are authorized to carry a weapon, and you walk outside without it, just take a deep breath, and say this to yourself...
    "Baa."
    LTC(RET) Dave Grossman

    Revolutionary War Veterans Association Shooter Qualification: Cook

  6. #5
    Member Array socal2310's Avatar
    Join Date
    Nov 2008
    Location
    Camarillo, CA
    Posts
    467
    Quote Originally Posted by bigiceman View Post
    My guess:
    Pointed gun and pulled trigger, forgetting that no matter what you may think, every gun is loaded, and to never point a gun at anything you do not wish to destroy.

    Verdict, guilty of dumb in the first degree and second degree murder. Two lives ruined by one idiot.
    Only two? What about the mother? Her punishment is worse than his, her baby is gone, but he'll be out in a few years.

    Ryan
    Those who will not govern their own behavior are slaves waiting for a master; one will surely find them.

  7. #6
    Ex Member Array JOHNSMITH's Avatar
    Join Date
    Oct 2008
    Location
    somewhere
    Posts
    1,726
    I find it hard to believe that even the idiots who play with "unloaded" guns would even "play" with a baby, and by themselves, and right against the head? It doesn't make any sense... too bad this guy will be out in just a few years.

  8. #7
    VIP Member Array rottkeeper's Avatar
    Join Date
    Jul 2008
    Location
    Upstate New York
    Posts
    3,194
    "Dwayne loved that child," Eschenbacher said. "What kind of person would read a book to a child and then kill them?"

    Dwayne Scott Smail, thats what kind of person.
    For as the lightning comes from the east and flashes to the west, so also will the coming of the son of man be. Mathew 24:27

    NRA Member

  9. #8
    VIP Member Array paramedic70002's Avatar
    Join Date
    Jun 2006
    Location
    Franklin, VA
    Posts
    5,119
    My thoughts exactly. Don't we have plenty of crazed murderers already to look for an example?
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

    Guns Save Lives. Paramedics Save Lives. But...
    Paramedics With Guns Scare People!

  10. #9
    VIP Member Array dukalmighty's Avatar
    Join Date
    Feb 2008
    Location
    texas
    Posts
    15,170
    Who said he read her a book before he put a gun to her head,sounds like the kid was probably cutting teeth crying etc.and he put a gun to her head and said shut up then blam,but I'm only speculating.I have never heard of somebody loving a child so much they put a gun to their head.He should get life no parole IMHO
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
    --Mayor Marion Barry, Washington , DC .

  11. #10
    VIP Member Array Janq's Avatar
    Join Date
    Nov 2005
    Posts
    6,781
    PNUT and Paul +1

    - 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

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Queens hunter gets prison in death of toddler
    By JonInNY in forum In the News: The Good, the Bad and the Ugly
    Replies: 18
    Last Post: November 4th, 2009, 04:54 AM
  2. Man kills girlfriend while showing her gun, charged with negligent homicide
    By mrreynolds in forum General Firearm Discussion
    Replies: 25
    Last Post: September 18th, 2008, 03:02 AM
  3. UGLY - Man Beats Toddler to Death, then Killed by LEO
    By Rustynuts in forum In the News: The Good, the Bad and the Ugly
    Replies: 1
    Last Post: June 16th, 2008, 07:54 PM
  4. Bad & Ugly: Toddler's Death Is Murder (Update x 2)
    By Captain Crunch in forum In the News: The Good, the Bad and the Ugly
    Replies: 11
    Last Post: May 2nd, 2008, 02:47 PM
  5. Bad & Ugly: Negligence Causes Toddler's Death **Update**
    By Captain Crunch in forum In the News: The Good, the Bad and the Ugly
    Replies: 18
    Last Post: March 8th, 2008, 03:31 PM

Search tags for this page

death of toddler in missoula mt

,

dwayne scott montana homicide

,

dwayne scott smail charges

,

steve eschenbacher

,

steven n. eschenbacher attorney

,

verdict in gun negligence death

Click on a term to search for related topics.