Evergreen man charged with negligent homicide in child's death

An Evergreen man has been charged with negligent homicide in the shooting death of his girlfriend's 19-month-old female child. Dwayne Scott Smail, 23, made an initial appearance on Friday in Flathead County Justice Court. He is being held on $200,000 bail. His arraignment is scheduled for March 27 in Flathead County District Court.

Smail was arrested Wednesday shortly after the 8:21 p.m. shooting death of Korbyn Eva May Williams at the Montana Village apartment complex on Montana 35 in Evergreen.

Court documents say that Smail told investigators he placed the handgun on an exposed portion of his bed's box spring before going to sleep. He said awoke to Korbyn tapping him on the shoulder. She was holding a 9 mm Ruger pistol ?which had no safety ?and when Smail went to grab it from her, it went off, according to the document. Korbyn died at the scene from a gunshot wound to the head.

Smail was in a relationship with the child'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.

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, according to the sheriff's office.

If convicted, Smail could face up to 20 years in prison and/or a $50,000 fine.