Crime and Punishment

Police dispute toddler shooting “accident”

March 14th, 2008 by | Permalink

Last week a 19-month-old was fatally shot, and at the time a man living at her house claimed she was playing with the gun and it accidentally went off. Now, after investigating further, police are claiming that the toddler wasn’t holding the gun when it was fired. Looks like someone may have been telling a bit of a falsehood…

According to court documents, Dwayne Smail told investigators he placed the 9 mm pistol – which had no safety – on an exposed portion of his bed’s box spring before he went to sleep March 5. He awoke to Korbyn tapping him on the shoulder and holding the gun. When Smail tried to grab it from her, it went off, according to the documents. The girl died at the scene from a gunshot wound to the head.

Smail was charged Friday with negligent homicide. His arraignment is scheduled for March 27.

Detectives are investigating where Smail and Korbyn were in relation to each other when the gun went off. They also are analyzing DNA and gunshot residue and trying to determine how much pressure on the trigger is required to fire the weapon. Additional information on how the gun discharged was not available Wednesday.

“I’m fearful that the release of any further information at this point could compromise the investigation,” Landis said.

Information from: http://www.missoulian.com/articles/2008/...

Full Story: http://www.missoulian.com/articles/2008/...
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  • autumn

    for one i know dwayne and in fact i have a four year old son with him. dwayne is in fact a abusier, he abused me for many years dwayne claimed that he loved this little girl how is that posable when we broke up only three weeks prior to the killing of this child? he was with his own son for longer and i have never heard him claim or say he loved jesse(our son dwaynes son!)dwayne is the monster of my past he tore me apart he broke me down and made me nothing! guess what i am somthing and i found out i did not and do not need you,you said i am nothing and would never be anyone with out you but it seems your the one who fell apart and finily i am not the only one to see what you are….A MONSTER,A LIER,AN ABUSER AND LAST BUT NOT LEAST A MURDERER!!!

  • Veronica

    Wow, autumn, that is awful! I’m sorry about that shit that Dwayne subjected you to. I hope Dwayne rots in prison.

  • autumn smith

    ya well dwayne will get his and i hope for once people will see him as he is….. our son is now five he just turned five on sept 20th 2009… what dwayne put us through is bull shit and what sucks is jesse knows all about dwayne and what happened because of people that know time and place of when to talk about what dwayne did,now jesse is in school and telling his teachers what he did and that he is never going to see his dad again. jesse is in counlsing every week and he crys all the time because he misses his daddy and it hurts really bad! he dont under stand the why! jesses counlsers dont recamend him going to see his dad and i dont know how to explane it to jesse. i just keep telling him that his dad dwayne is not a bad man he just made bad chouices in life and someday he will be able to understand what has happened. do you think it is wrong to not take him to see dwayne?

  • Aimee

    Autumn this is aimee Korbyns mom and i’m sorry for what you and your son are going through if i would have never met him this crap would not be happening!!! i’m so sorry again i know the pain jesse is going through cause my almost 7 year old goes through the pain of not havin his sister ever day. get a hold of me if you ever need to i not longer live in mt but you can email me anytime and i will give you my number queenb2997@yahoo.com

 
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