Evergreen man gets five years for death

David Day, 55, was sentenced Wednesday for negligent homicide related to the death of another man at Day’s Evergreen apartment last June.

District Judge Ted Lympus sentenced Day to 15 years with 10 years suspended in the custody of the Montana Department of Corrections.

That was the prosecution’s recommended sentence under a plea agreement prior to Day pleading guilty on Oct. 24.

Day was convicted of striking Gerald Payne, 55, in the face during an argument just outside the apartment on June 1, causing Payne to fall down a flight of stairs.

According to court documents, Day and Payne had spent the day drinking prior to the argument and both became extremely intoxicated.

Deputy County Attorney Travis Ahner noted during Thursday’s proceedings that Day’s blood alcohol content after the incident was .337, more than three times the legal limit for driving.

“The fact that he was operating at that level suggests that he has a significant alcohol problem,” said Ahner, who recommended that Day be involved with chemical abuse treatment while in custody of the Department of Corrections.

Ahner said a pretrial investigator recommended a stiffer sentence but the 15-year sentence with 10 years suspended takes into account the “accidental nature” of Payne’s death.

Day’s attorney, Brent Getty, asked for a sentence of 10 years with five years suspended.

Reporter Jim Mann may be reached at 758-4407 or by email at jmann@dailyinterlake.com.