GLENS FALLS, N.Y. - A Warren County judge has dismissed the murder charge against a Glens Falls man accused of causing the death of his 15-month-old son.
28-year-old Gary Lee Waite was charged with second-degree murder in connection with the abusive death of his son Jesse Smith in February 2012.
According to police, Waite admitted that he became frustrated with Jesse's crying after
he had fallen, and when he wouldn't stop crying, he threw
Jesse across the couch causing him to bounce off the couch and strike the
hardwood floor. Waite then told police Jesse fell into a metal chair
when he was trying to get his sippy-cup.
Jesse was flown to Albany Medical Center where he died from his injuries.
Waite, who has a criminal history for alleged assault and sex abuse, shared custody arrangement with Jesse's mother.
He still faces charges of Manslaughter 2nd-degree and Endangering the Welfare of a Child. He has pleaded not guilty.