Fort Collins – A father who was seen water skiing on Carter Lake while divers searched for his presumably drowned son is facing allegations his negligence caused his son to die.
A felony charge of child abuse resulting in death is expected to be filed today in Larimer County against Gil Dwayne Smith, 44, of Longmont.
Smith told investigators that his 2-year-old son, Shay, had fallen off the back of his 2006 Bayliner boat and slipped out of his life vest.
But the investigation revealed the little boy had been riding on a tow-tube called a “Super Screamer” behind the boat at speeds of 20 to 30 mph, Larimer County Sheriff Jim Alderden said Tuesday.
Shay, who weighed 25 pounds, was wearing a life jacket designed for a 30- to 50-pound boy, Alderden said. No one was properly monitoring Shay while he was in the tow-tube, nor did Shay have the strength to safely hold onto the floating device, he said.
Officials estimate that Smith’s blood-alcohol level was 0.084 percent at the time of the accident. Alderden said no Colorado alcohol laws apply.
He said Shay was too small for the life jacket to do him any good at the speed the boat was going.
“At that speed, the life jacket would have been ripped right off his body,” Alderden said.
Neither Smith or his passenger witnessed the accident, so the exact location where Shay was lost is unknown. Shay’s 3-year-old brother was also in the boat at the time.
The conflicting statements given to investigators by Smith and passenger Robert Venegas and interviews with witnesses led investigators to believe a criminal charge was warranted, Alderden said.
“Some of us suspected at the outset that this just didn’t make sense,” he said.
Smith declined to comment Tuesday on the advice of his attorney. “I wish I could talk, but I can’t,” Smith said at his north Longmont home.
Alderden’s announcement came exactly a month after Shay fell into the lake near its southernmost dam.
The search began almost immediately and involved both local and outside resources.
Tom Greenhalgh – a police lieutenant and a member of the International Association of Dive Rescue Specialists – used 10 divers, sonar equipment from Florida and a robotic, underwater camera to scan the bottom of the lake five days after Shay disappeared.
But Greenhalgh turned up nothing. Meanwhile, the investigation continued, and last week the Larimer Sheriff’s Office asked for more eyewitness help.
Specifically, investigators wanted to know precisely where Shay fell overboard so divers could pinpoint their efforts.
Rescue workers spent more than 1,800 man-hours looking for Shay in the dark, murky waters of Carter Lake, which reaches about a depth of 130 feet in some parts.
“After 20 feet deep, the visibility is less than a foot, and lower than that and you are operating in an environment of just feeling your way,” said Justin Fox, president of the Larimer County Dive Rescue Team.
The search has been suspended.
Smith helped crews try to pin down where Shay fell in. Otherwise, said Alderden, divers saw him water skiing and jet skiing while the search went on.
“I heard he waved at our people while we were on the lake,” Alderden said.
When asked if Smith showed any remorse about the loss of his son, Undersheriff Ern Hudson said, “I can only say this: I sure didn’t see any.”
Staff writer Monte Whaley can be reached at 720-929-0907 or mwhaley@denverpost.com.
