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Denver's Leading Local News: Weather, Traffic, Sports and more | Denver, Colorado | 9NEWS.com

Sheriff: Boy who drowned was on tube, father to be charged

LARIMER COUNTY - Sheriff Jim Alderson said in a press conference Tuesday that charges are expected to be filed against Gil Dwayne Smith of Longmont.

Smith, 44,is expected to be charged with child abuse resulting in death. Smith is the father of 2-year-old Shay Smith who disappeared July 15 at Carter Lake. Smith was boating on the lake with Shay, his other 3-year-old son and an adult family friend.After a long investigation police have determined that Smith's original report that Shay fell out of the boat and slipped out of his lifejacket was not accurate. Deputies now believe Shay was riding on a tow-tube, called the "Super Screamer,"at 20 to 30 mph when he was lost in Carter Lake. Additionally, deputies believe neither Smith nor his friend witnessed the fall and therefore they do not know the location of the accident.Authorities also noted that Shay, who weighed 25 pounds, was wearing a life jacket designed for a 30 to 50 pound child. According to investigators, Smith was tested around two hours after the accident and had a .054 blood alcohol level. In order for charges to be filed, he would have had to havebeen at .10.As of 7 p.m. Monday, the Larimer County Sheriff's Office suspended the search for Shay until new evidence is presented. Authorities had made almost daily searches for Shay Smith since he disappeared. They even brought in an expert in underwater searches from Massachusetts and special underwater search equipment from Florida.Carter lake is about 5 miles southwest of Loveland and 40 miles north of Denver.Police are urging anyone with additional information regarding this incident to contact Undersheriff Ern Hudson 970-498-5103 and leave a detailed message.