Man faces negligent homicide charge
Jesse Davis | Hagadone News Network | UPDATED 12 years, 6 months AGO
A 54-year-old Evergreen man has been charged with felony negligent homicide for allegedly killing an acquaintance by knocking him down a flight of stairs Saturday in Evergreen.
According to a court document, David Day and 55-year-old victim Gerald Payne had spent the day drinking heavily at Day’s apartment, with Payne allegedly getting very drunk.
Later in the day, the two began arguing and Day ordered Payne to leave his apartment.
The argument “resulted in the victim falling down or being pushed or slapped down a flight of stairs, that’s still unclear,” Flathead County Sheriff Chuck Curry said.
The court document does not specify how Day allegedly hit Payne, alleging only that he struck Payne in the face.
Curry said emergency responders briefly resuscitated Payne, who was then transported to the Kalispell Regional Medical Center.
“But he wound up being brain dead actually, and I think they pulled the plug later,” Curry said.
Payne’s body was sent to the Montana Crime Lab on Monday for an autopsy, and an initial finding supported the alleged sequence of events, with the death caused primarily by head and neck injuries.
“The preliminary results are consistent with injuries you would expect from a fall down the stairs,” Curry said.
Day is currently incarcerated in the Flathead County Detention Center, where his bond is set at $25,000. An arraignment hearing has been scheduled June 20.
If he’s convicted, Day faces up to 20 years in prison and a fine of up to $50,000.
Reporter Jesse Davis may be reached at 758-4441 or by email at [email protected].
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