By NICHOLAS LEDDEN/Daily Inter Lake
Garrett Cheen photos/Daily Inter Lake
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.
If convicted, Smail could face as long as 20 years in prison and a $50,000 fine.
Smail's criminal history includes a 2003 conviction for misdemeanor assault in Thurston County, Wash., and a 2004 conviction for partner assault in Laurel.
The young shooting victim is the niece of Brad Williams, who was 19 last year when he was struck and killed by a drunk driver near Plains. In that case, Daniel Wade Resler - the driver who struck and killed Williams and 16-year-old Kyle David McCullugh as they were walking along a highway - may serve as little as one year in prison, thanks to a plea agreement.
Resler's sentencing is March 18.
Reporter Nicholas Ledden can be reached at 758-4441 or by e-mail at nledden@dailyinterlake.com
angelbaby
What a horrible tragedy. She was a beautiful baby. My heart goes out to her family. So many questions and opinions. I can only pray the truth will come out and justice will prevail for Korbyn.
BettyBoop
Like i have said before this little girl did not pull the trigger, this man did.
BettyBoop
My prayers go out to this family in their times of need. I am truly, deeply sorry for this families losses!
BettyBoop
Why did he leave the gun out in the reach of this toddler. And it say's here in the paper, that he drove to amiee's work, I heard he had the child with him. If this is true she will need some counsling and support from all of her family & friends!
SPEED
Betty Boop i dont know who you think you are. Why dont you keep your speculations to yourself instead of spreading harmful rumors that have no backing to them.
luckygrill
This guy is a creep, I have met him before. I will keep my opinion on what happened to myslf. But i hope they drug tested him and swabbed his hands real well. i have faith the truth will come out. What a piece to take that sweet angel out of so many peoples lives. The family has already been through enough. Why would he do this to him self. And think about it if she had done it herself wouldent u call 911 right away instead of panicking and leaving the sene? All of us know what has happen...THE TRUTH WILL COME OUT!
BettyBoop
I was wondering BECAUSE, The paper say's he drove to his girlfriends work, & I was wondering did he have the child with him? I don't mind if your angry with me, But i will alway's speak what's on my mind, whether you listen is your choice! Speed are you friends or family to Smail? I only ask because you are so defensive!!
Kalispell Native
What is this Valley becoming? I grew up on the edge of Evergreen, and it wasn't exactly Beverly Hills, but at least we didn't have kids falling into open septic tanks or toddlers being "cared for" by moms' boyfriends with loaded handguns under the mattresses. This place has turned into Jerry Springerville.
Flovilla
,
faithful reader
Kalispell Native: No, when you were growing up we had the guy raping and murdering two little girls in Marion and later, a guy who ran over two kids on their bike because of a bad drug deal. You can't romanticize earlier Kalispell. It's always had its gritty parts.
tigger
dont matter how you look at it.... its just plain sad.
missingmycousin
No, he did not bring little Korby to the moms work but he did go to her work. The mother bought a safe for the gun and told the guy not to have the gun out in front of her kids. Why the gun was loaded and not put in the safe is a question we all have. The mother left her children with her boyfriend because she trusted him with her life and her babies. When you are in love and with someone you do trust the person you are with. The mother was NOT aware of his prior convictions. The mother is very hurt by this and so is Korbys dad. We all have the what ifs. We can never bring Korby back but we can get the answers. Please don't believe the rumors on this story. We started to as a family and learned that we can't. Also to answer your question that you heard the mother was missing. She is not missing. She has been with her family since this tragedy happened
BettyBoop
Thankyou for clearing this up. I am sorry if I offended you or your familywith my Questions.