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Father Charged In 2 YR Old Drowning Carter Lake

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Father Possibly Charged In 2 YR Old Boys Drowning At Carter Lake

Investigators Believe Boy Was Riding Tow Tube Behind Boat When He Fell In

POSTED: 3:02 pm MDT August 15, 2006
UPDATED: 3:30 pm MDT August 15, 2006



FORT COLLINS, Colo. -- The father of a missing 2-year-old boy presumed drowned in a Larimer County lake faces possible charges of child abuse resulting in death, the Larimer County sheriff announced Tuesday.
Gil Dwayne Smith reported his son Shay Smith lost on Carter Lake on July 15.

"We now believe that Shay Smith did not fall out of the boat, as was originally reported," said Sheriff Jim Alderden. "The search for Shay Smith was suspended last night." "After a lengthy investigation and due to the inconsistencies and contradictions reported to the Sheriff’s Office by Gil Smith of Longmont and Robert Venegas, also of Longmont, investigators now believe that Shay was riding on a tow-tube called the Super Screamer, behind the Smith boat at speeds of 20 to 30 miles per hour when Shay was lost in Carter Lake," a statment from the sheriff's office said. "It is further believed that the incident was not witnessed by either Gil Smith or the passenger and therefore the location of the accident is unknown. Shay, who weighed 25 pounds, was wearing a life jacket designed for a 30 to 50 pound child."
Alderden said the sheriff's office would recommend formal charges against Gil Smith when it meets with the district attorney on Wednesday.
Gil Smith remained free Tuesday but said he would turn himself in if formal charges are filed, the sheriff's office said.
 
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jimmnn

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Press Release & Boat Pictures (too big to attach)

NEWS RELEASE



CONTACT: Eloise B. Campanella, Larimer County Sheriff's Office
(970) 498-5189



DATE: August 15, 2006



SUBJECT: Update on Incident at Carter Lake

FOR IMMEDIATE RELEASE:

Larimer County Sheriff Jim Alderden has announced that charges are expected to be filed with the District Attorney on Wednesday, August 16, against Gil Dwayne Smith, 070362, for Child Abuse Resulting in Death for the July 15, 2006, incident at Carter Lake. Shay Smith, 2 years-old, was lost and presumed drowned during a boating outing with his father, his 3 year-old brother and friend of the father at approximately 8:00 P.M. that evening. Smith, a multiple-state offender, is expected to be charged under Colorado Revised Statute 18-6-401, Child Abuse, which reads, “A person commits child abuse if such person causes an injury to a child’s life or health, or permits a child to be unreasonably placed in a situation that poses a threat of injury to the child’s life or health…” CRS further states, “When a person acts knowingly or recklessly and the child abuse results in death to the child, it is a class 2 felony.” Subsection (7) (a) states, “Where death or injury results, the following shall apply: (II) When a person acts with criminal negligence and the child abuse results in death to the child, it is a class 3 felony.”

It was originally reported to Sheriff’s Office investigators that Shay had fallen out of the boat and slipped out of his lifejacket. However, after a lengthy investigation and due to the inconsistencies and contradictions reported to the Sheriff’s Office by Gil Smith of Longmont and Robert Venegas, also of Longmont, investigators now believe that Shay was riding on a tow-tube called the “Super Screamer,” behind the Smith boat at speeds of 20 to 30 miles per hour when Shay was lost in Carter Lake. It is further believed that the incident was not witnessed by either Gil Smith or the passenger and therefore the location of the accident is unknown. Shay, who weighed 25 pounds, was wearing a life jacket designed for a 30 to 50 pound child.

Since July 15, Shay Smith has been the subject of extensive search by Larimer County Dive Rescue, Larimer County Sheriff’s Office Emergency Services, Berthoud and Loveland Fire Dive Rescue Teams as well as Coast Guard Auxiliary out of Longmont. Later in the search Lt. Tom Greenhalgh of the Billerica Police Department in Billerica, Massachusetts and 20 year veteran with the Merrimack Valley Dive Rescue Team was brought in by Sheriff Alderden to help with the search.

This past weekend, members of the Seth Foundation of Columbus, Georgia, a national nonprofit organization dedicated to improving water safety in America and providing support systems to families, communities, and public safety agencies when an aquatic accident occurs, were brought in by the Larimer County Sheriff’s Office. The Seth Foundation is comprised of volunteer men and women from all regions of the United States who mission statement reads, “We understand how important the recovery of a drown victim is to bring about closure for families, friends, and loved ones.”

As of 7:00 P.M. August 14, 2006, the Larimer County Sheriff’s Office suspended the search for Shay Smith until such time as new evidence should present itself.

Sheriff Jim Alderden would like to thank Larimer County Manager, Frank Lancaster who has supported this extensive search effort by approving expenditures above the current budget.

The Sheriff’s Office is asking for anyone who may have seen the Smith boat (photo attached) or Shay riding the tow-tube behind the Smith boat to call Undersheriff Ern Hudson 498-5103 and leave a detailed message.
 

evilklown

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Jim do you have t he link so i can take a look at the pictures if avalible on a website. Thank you.
 

evilklown

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Thanks Roy i know your not Jim but thank you for the link as well thank you Jim as well i resized the pictures to add on here for others to see.
 

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evilklown

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papaelk said:
:( UNREAL how a father could ACt so recklessly
Thanks for the Press Release Jimm
he was going 30 mph that is awful fast i wouldnt even want to fall in the water going that fast, and then on the video they were saying the father was out water sking and waved at the dive team as he drove by, he should rott in hell excuse my language. that is horrible
 

scanjunkie

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Man, Oh, Man that kind of crap infuriates me...I would die to protect my kids from any dangers. It amazes me how someone could purposely put their children in a dangerous situation...what a scumbag piece of sh*t!! Hope he gets what he deserves!
 

RckyMtns2

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What I don't understand is...how can someone who if he was driving a car would be considered "DUI" but b/c he was driving a boat he wasn't...Impaired is Impaired in my opinion. Child abuse fits this case to a T! What a brainless wonder this guy is!
 

evilklown

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i guess if we look at it as another point of view mabey it seems the guy was drinking alot and gettin dui's and if you look at it that everything happens for a reason mabey the lord said enough is enough i am going to protect this kid and take him to me so he dosent have to suffer anymore. the kid could have been abused at home no one knows how his home life was. Just trying to life a little spirit out and mabey see something good out of this horrible thing, you never know!!!
 

jimmnn

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FOR IMMEDIATE RELEASE

LARIMER COUNTY SHERIFF'S OFFICE
Eloise B. Campanella
August 17, 23006

SUBJECT: Gil Smith

Gil Smith turned himself into the Larimer County Detention Center at
5:45 P.M. on August 17, 2006. He is being charged with Felony Child Abuse under Colorado Revised Statute 18-6-401 which reads, "A person commits child abuse if such person causes an injury to a child's life or health, or permits a child to be unreasonably placed in a situation that poses a threat of injury to the child's life or health..." CRS further states, "When a person acts knowingly or recklessly and the child abuse results in death to the child, it is a class 2 felony."

Gil Dwayne Smith has been charged with the class 2 felony child abuse.

The booking photo will follow this press release.
 
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papaelk

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He looks like a Real piece of work. and during an interveiw on tv he was all smiles hes a real piece of TRASH im my opinion!!!!!!!!
 

RckyMtns2

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May God have mercy on his worthless soul...my mercy ends with child abusers of all forms!
 
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