Jan 24, 2014 11:58 AM by MTN News
KALISPELL - An Evergreen man who caused the death of another man with a punch to the face has been sentenced to five years in state custody for negligent homicide.
David Day, 54, pleaded guilty to the charge in October.
Day was sentenced to 15 years with the Montana Department of Corrections, with 10 years suspended.
District Judge Ted Lympus told Day some of his time could be commuted for good behavior and a willingness to rehabilitate.
Day was arrested in June after he punched Gerald Payne in the face. The blow sent Payne down a flight of stairs and he was killed.
"I think it had always been charged as a negligent homicide, and I think it's properly resolved as that," said Deputy Flathead County Attorney Travis Ahner. "And that's something that I think we took into consideration, in terms of coming to this plea agreement. It appeared to stem from Mr. Day's use of alcohol. At the time he was a 0.337 (BAC). So the fact that he was even operating at that level suggests that he's got a significant alcohol problem."