A Longmont man who received probation for the drowning death of his son last summer at Carter Lake was sentenced to six years in prison Tuesday by a judge who called him a “menace and a danger.”
Gil Dwayne Fitzgerald Smith, 45, also received five years’ mandatory parole for violating the terms of his probation in the drowning case.
Smith was originally sentenced in January to 60 days in jail and five years’ probation after entering a plea deal to a charge of child abuse resulting in death.
But in April, Smith was arrested by Longmont police for driving under the influence, careless driving, resisting arrest and second-degree assault while in custody.
Smith pleaded guilty to driving under the influence and menacing with a deadly weapon in the Longmont case, which meant his probation sentence in Larimer County for the drowning was revoked, said Larimer district attorney spokeswoman Linda Jensen.
Prosecutors Tuesday argued Smith’s past record – including two prior felony convictions and four alcohol-related incidents – indicated he did not take the charges against him seriously.
They also pointed out that Smith was drinking on July 15, 2006, when his son, Shay, fell from an inner tube that was being towed behind Smith’s boat. The boy was wearing a life jacket but it was too big for him and apparently slipped off, authorities said.
Teams searched for Shay Smith for more than a month, bringing in specialized crews and equipment, but the boy was never found.
Deputies were stunned to see Smith water-skiing nearby while rescue efforts commenced, said Larimer County Sheriff Jim Alderden.
Three months after Shay died, Smith was arrested for suspicion of drunken boating at Carter Lake after he crashed into another boat.
Smith asked for leniency from District Judge Dave Williams. But Williams – who called Smith a “danger and a menace because of your drinking” – said he deserved prison.
“The death of your son should have been a wake-up call for you,” Williams said.
Monte Whaley: 720-929-0907 or mwhaley@denverpost.com
