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Man arrested after toddler shot to death

by NICK LEDDEN/Daily Inter Lake
| March 7, 2008 1:00 AM

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.

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 may be reached at 748-4441 or by e-mail at nledden@dailyinterlake.com