A Kalispell area man convicted of fatally shooting his girlfriend’s 19-month-old daughter has been sentenced to 25 years in prison.
A jury found 24-year-old Dwayne Smail guilty of negligent homicide in the March 2008 death of Korbyn Williams. During his closing argument, defense attorney Steven Eschenbacher asked the jury to return a guilty verdict for negligent homicide, saying the state did not prove beyond a reasonable doubt that the shooting was intentional.
Smail acknowledged he accidentally shot Korbyn once in the head with a pistol while he cared for her in the apartment he shared with the child’s mother. During sentencing, he apologized to the family and said there wasn’t a moment he didn’t live without guilt and regret.
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