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
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.