The father of 2-year-old Shay Smith, who disappeared at Carter Lake on July 15, was charged with child abuse Thursday and turned himself in to police, authorities said.
Gil Dwayne Smith, 44, is being held at the Larimer County Detention Center. He turned himself in at 5:45 p.m. Thursday and has been charged with felony child abuse resulting in death, said Larimer County sheriff’s spokeswoman Eloise Campanella.
For nearly a month, dive and search teams have combed the lake trying to find the missing boy, who authorities presume had drowned. The boy’s body has not been found.
Earlier this week, investigators said Smith lied to them about circumstances surrounding the incident.
Smith said his son was on his 17-foot Bayliner boat before he fell into the water.
But investigators said Smith was towing Shay on a “Super Screamer” tow-tube that had been traveling from 20 to 30 mph.
The child wore a life jacket, but authorities said it was too large for his 25-pound body, adding Shay wasn’t being properly supervised by Smith while he was in the lake. They said the boy was being watched by his 3-year-old brother.
Smith has a previous record. In 1994, Smith was sentenced to 12 months in prison and three years of supervised parole after threatening to assault and kill U.S. Postal Service employees, according to federal documents in Trenton, N.J.
In 2002, Smith pleaded guilty to driving while ability impaired in Longmont, where it is a misdemeanor alcohol offense.
Larimer investigators said Smith’s blood-alcohol content at the time of the boating incident was 0.084, which did not exceed the legal limit for operating a boat in Colorado.
Smith is being held in lieu of a $25,000 bond, but police said he was posting the bond and likely would be released Thursday.
If convicted on the child-abuse charge, Smith could face from four to 24 years in prison and a $1 million fine.
Smith has denied wrongdoing in the case, but he could not be reached for comment Thursday.
Staff writer Annette Espinoza can be reached at 303-820-1655 or aespinoza@denverpost.com.
