Jury selection begins in Gary Waite trial - NEWS10 ABC: Albany, New York News, Weather, Sports

Jury selection begins in Gary Waite trial


QUEENSBURY, N.Y. – Gary Waite will be back in Warren County Court Tuesday as jury selection will begin for his trial as he is accused of allegedly causing the death of his son.

The Glens Falls man pleaded not guilty to charges he caused the death of his 15-month-old son Jesse Smith in February 2012.

Waite faces charges of 2nd-degree murder and manslaughter.

In a statement to police, Waite admitted that he became frustrated with Jesse's crying after he had fallen, and when he wouldn't stop crying, Waite 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 arrangements with Jesse's mother.

If convicted, Waite could face a maximum sentence of 25 years to life in prison.

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