A 23-year-old Evergreen man now faces a murder charge in the shooting death of a 19-month-old girl.
Dwayne Smail was initially charged with negligent homicide, but the charge was upped to deliberate homicide after investigators determined physical evidence at the scene failed to support Smail’s claim that the shooting was an accident.
Smail pleaded not guilty Thursday in District Court.
Korbyn Williams was shot on March 5th while Smail was caring for her.
He told investigators he placed a 9mm Ruger pistol on the bed before going to sleep and that he woke up to find Korbyn tapping him on the shoulder, holding the gun. He says the gun discharged as he tried to grab it.
Prosecutors say physical evidence indicates Smail and Korbyn were at least three feet apart when the gun discharged.