Court News

Oct 8, 2013 5:36 PM by Dax VanFossen - KAJ News

Kalispell death case delayed

KALISPELL - A Kalispell man who is accused of causing another man to fall to his death appeared in Flathead District Court on Tuesday to discuss changing his plea to guilty.

David Day, 54, was arrested back in June on a charge of Negligent Homicide with court documents alleging that Day punched Gerald Payne in the face - a blow which sent Payne down a flight of stairs and causing his death.

Day was in court Tuesday to discuss a change of plea from not guilty to guilty as part of a plea agreement with the Flathead County Attorney's Office.

The matter has been rescheduled though to Oct. 24, as Day's attorney Brent Getty needed more time to discuss conditions of the change of plea.

"Mr Day has asked me some questions on a couple of collateral consequences of that agreement, so I would ask that we continue this for a short time, to allow me to investigate those collateral consequences and advise Mr Day. But we do have the framework of a deal in place," Getty said in court.

The plea agreement calls for Day to enter a plea of guilty to the charge of Negligent Homicide. That hearing will take place on Oct. 24.

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