Showing posts sorted by relevance for query Gary Waite. Sort by date Show all posts
Showing posts sorted by relevance for query Gary Waite. Sort by date Show all posts
Sunday, November 2, 2014
Dad with joint custody, despite history of assault, sexual abuse, convicted of 2nd-degree murder in death of 15-month-old son (Queesbury, New York)
Update to the killer dads and custody.
What this article doesn't tell you (surprise) is that dad GARY L. WAITE, despite never being married to the baby's mother and having a history of assault and sexual abuse, was still granted JOINT CUSTODY.
See our previous posts here.
http://poststar.com/news/local/waite-to-be-sentenced-today/article_80fd3f5e-6292-11e3-803b-001a4bcf887a.html
Convicted child killer to be sentenced Thursday
December 11, 2013 6:45 pm • Don Lehman
QUEENSBURY -- Gary L. Waite will be sentenced Thursday to a prison term of up to 25 years to life for the murder of his toddler son.
The question Warren County Judge John Hall will answer is how long Waite will spend in prison before he is eligible for parole.
Hall could sentence Waite to 15 years to life or 25 years to life in prison for the second-degree murder count of which Waite was convicted Nov. 20 for the death of 15-month-old Jesse Smith.
Waite was found to have caused the serious head injuries that claimed the boy’s life on Feb. 15, 2012.
Waite gave police a variety of explanations for how the child was hurt, eventually settling on a version in which he said the boy fell and hit his face on a chair leg, then, when he wouldn’t stop crying, Waite tossed him on a couch only to have him bounce off and hit his head on the floor.
Medical experts who testified in the case said the child’s injuries were much more severe than could have occurred as Waite told police.
Waite was not accused of intentionally killing the boy, but was found guilty under a theory he had “depraved indifference to human life” when causing another person’s death.
He did not testify during the trial.
Waite, 30, was also convicted of second-degree manslaughter, a felony, and misdemeanor endangering the welfare of a child for the boy’s death, but the sentences for those charges will be required to run concurrently to the murder sentence.
The proceeding will be an emotional one, as at least one victim’s impact statement is expected from the maternal side of Smith’s family.
Waite’s lawyer, Marc Zuckerman, said he may not ask Hall for a specific sentence.
Defense lawyers typically request a sentence on behalf of their client, but Zuckerman said the defense’s goal at this stage of the case is to get an appeal filed before the Appellate Division of state Supreme Court as quickly as possible.
He has said he does not believe the evidence against Waite met the standard for depraved indifference to human life needed to support the murder charge.
Zuckerman said the case may be the one that settles the issue of what constitutes depraved indifference to human life in New York once and for all. The law regarding depraved indifference has been in flux for several years.
“We’ve been seeing different results in different cases around the state; they (appeals courts) are rewriting the law each time,” he said.
Under state sentencing laws, defendants are eligible for parole after they serve the minimum portion of their sentence. If Waite is sentenced to 25-to-life, the minimum would be 25 years, 15-to-life would mean a minimum of 15 years.
Being eligible for parole does not mean an inmate will be released as soon as they are eligible.
A parole hearing will be held, but those convicted of murder are rarely granted parole their first few times before the parole board. The board takes into account a defendant’s remorse and any admissions of guilt.
Sentencing is scheduled for 2 p.m. Thursday in Warren County Court.
What this article doesn't tell you (surprise) is that dad GARY L. WAITE, despite never being married to the baby's mother and having a history of assault and sexual abuse, was still granted JOINT CUSTODY.
See our previous posts here.
http://poststar.com/news/local/waite-to-be-sentenced-today/article_80fd3f5e-6292-11e3-803b-001a4bcf887a.html
Convicted child killer to be sentenced Thursday
December 11, 2013 6:45 pm • Don Lehman
QUEENSBURY -- Gary L. Waite will be sentenced Thursday to a prison term of up to 25 years to life for the murder of his toddler son.
The question Warren County Judge John Hall will answer is how long Waite will spend in prison before he is eligible for parole.
Hall could sentence Waite to 15 years to life or 25 years to life in prison for the second-degree murder count of which Waite was convicted Nov. 20 for the death of 15-month-old Jesse Smith.
Waite was found to have caused the serious head injuries that claimed the boy’s life on Feb. 15, 2012.
Waite gave police a variety of explanations for how the child was hurt, eventually settling on a version in which he said the boy fell and hit his face on a chair leg, then, when he wouldn’t stop crying, Waite tossed him on a couch only to have him bounce off and hit his head on the floor.
Medical experts who testified in the case said the child’s injuries were much more severe than could have occurred as Waite told police.
Waite was not accused of intentionally killing the boy, but was found guilty under a theory he had “depraved indifference to human life” when causing another person’s death.
He did not testify during the trial.
Waite, 30, was also convicted of second-degree manslaughter, a felony, and misdemeanor endangering the welfare of a child for the boy’s death, but the sentences for those charges will be required to run concurrently to the murder sentence.
The proceeding will be an emotional one, as at least one victim’s impact statement is expected from the maternal side of Smith’s family.
Waite’s lawyer, Marc Zuckerman, said he may not ask Hall for a specific sentence.
Defense lawyers typically request a sentence on behalf of their client, but Zuckerman said the defense’s goal at this stage of the case is to get an appeal filed before the Appellate Division of state Supreme Court as quickly as possible.
He has said he does not believe the evidence against Waite met the standard for depraved indifference to human life needed to support the murder charge.
Zuckerman said the case may be the one that settles the issue of what constitutes depraved indifference to human life in New York once and for all. The law regarding depraved indifference has been in flux for several years.
“We’ve been seeing different results in different cases around the state; they (appeals courts) are rewriting the law each time,” he said.
Under state sentencing laws, defendants are eligible for parole after they serve the minimum portion of their sentence. If Waite is sentenced to 25-to-life, the minimum would be 25 years, 15-to-life would mean a minimum of 15 years.
Being eligible for parole does not mean an inmate will be released as soon as they are eligible.
A parole hearing will be held, but those convicted of murder are rarely granted parole their first few times before the parole board. The board takes into account a defendant’s remorse and any admissions of guilt.
Sentencing is scheduled for 2 p.m. Thursday in Warren County Court.
Friday, August 2, 2013
Dad with joint custody to go to trial in murder of 15-month-old son (Glens Falls, New York)
I started reading this article and I wondered: Is GARY L. WAITE a custodial dad? There is no mention of a mother in the home or anywhere else. After Daddy "allegedly" assaulted the little boy, he called "a relative" --which presumably demonstrates that he is not completely depraved and indifferent. But it also suggests that Mom had somehow been removed from the scene. What happened to her? Why was this poor baby in Dad's "care"?
When ever an apparently single abusive father with "custody rights" goes on to kill a child, there is nearly always a back story that is not told. Just how did he gain and maintain control over access? Did a battered mom lose custody in a family court decision? If so, who was the judge and the other folks involved? Has Mom "disappeared" from the scene? Is she deceased? Maybe we should find out if she was a victim of fatal domestic violence herself. These are the questions that should ALWAYS be asked in these cases.
I looked up this case in the Dastardly archive and found out the following:
Waite, who has a criminal history for alleged assault and sex abuse, shared custody arrangement with Jesse's mother.
http://dastardlydads.blogspot.com/2012/02/dad-with-shared-custody-charged-with.html
Why the hell did this POS even have joint custody? And notice the Dastardly axiom at work here: The killer daddy's custodial status will be neatly be forgotten by the time the case goes to trial.
http://poststar.com/news/local/toddler-death-case-heading-toward-trial-as-accused-father-from/article_a9367e82-fae5-11e2-ae55-0019bb2963f4.html
Toddler-death case heading toward trial as accused father from Glens Falls rejects plea deal
19 hours ago • DON LEHMAN
QUEENSBURY -- The Glens Falls man accused of killing his 15-month-old son has refused a plea offer that would require him to plead guilty to murder, and a trial has been scheduled for October.
Gary L. Waite will not plead guilty in the case, because he is “adamant that he is innocent,” his lawyer, Marc Zuckerman, said Wednesday.
A pretrial hearing in the case was held Tuesday, and Zuckerman said he was advised by the Warren County District Attorney’s Office that prosecutors would require a plea to second-degree murder and would not consent to a plea to a reduced count of manslaughter.
Warren County Judge John Hall scheduled a trial to begin Oct. 21, with a pretrial hearing scheduled for Oct. 17. That hearing will focus on the admissibility of the written statement Waite gave to police in the hours after Jesse Smith was hospitalized with a severe head injury on Feb. 13, 2012. The child died two days later.
In the statement, Waite is quoted as telling Glens Falls Police the boy fell and hit his head on a chair leg in Waite’s Orville Street apartment, and that Waite threw him on a couch when he became frustrated that the boy wouldn’t stop crying.
Waite told police the toddler bounced off and hit his head on a wood floor, according to court records. Waite is charged with second-degree murder under a theory of law that alleges he showed “depraved indifference to human life” in causing the death of another person. He also faces a felony count of second-degree manslaughter and misdemeanor count of endangering the welfare of a child.
The depraved indifference statute has been complicated by court rulings in recent years that have toughened the standard for the charge, so that prosecutors have to show the defendant had no concern for the victim.
Zuckerman argued Waite’s calls to a relative for help showed he had concern for the child, and Warren County Judge John Hall dismissed the murder count last fall.
But the Warren County District Attorney’s Office appealed that ruling and the Appellate Division of state Supreme Court overturned it and reinstated the murder count last week, finding there was sufficient evidence to support the indictment.
Warren County District Attorney Kate Hogan said her office is prepared for trial in the case and believes it can prove the murder charge. Her office has pointed to medical evidence that prosecutors believe contradicts Waite’s version of events and indicates more force was used to cause the boy’s injuries than would have occurred through the falls Waite described.
Zuckerman, though, said he does not believe there is sufficient evidence to prove the murder count. And if Waite is convicted, the depraved indifference finding will be an issue on appeal.
“With the facts as they are, even if you believe the prosecution’s theory of what happened, which my client disputes, it doesn’t rise to the level of depraved indifference,” Zuckerman said.
He said the state Legislature needs to rewrite and clarify the depraved indifference statute. Hogan and the state District Attorney’s Association have been pushing the state Legislature for changes to the law.
“Right now, every judge has a different opinion on what the law is,” Zuckerman said.
Waite is being held in Warren County Jail, pending further court action.
When ever an apparently single abusive father with "custody rights" goes on to kill a child, there is nearly always a back story that is not told. Just how did he gain and maintain control over access? Did a battered mom lose custody in a family court decision? If so, who was the judge and the other folks involved? Has Mom "disappeared" from the scene? Is she deceased? Maybe we should find out if she was a victim of fatal domestic violence herself. These are the questions that should ALWAYS be asked in these cases.
I looked up this case in the Dastardly archive and found out the following:
Waite, who has a criminal history for alleged assault and sex abuse, shared custody arrangement with Jesse's mother.
http://dastardlydads.blogspot.com/2012/02/dad-with-shared-custody-charged-with.html
Why the hell did this POS even have joint custody? And notice the Dastardly axiom at work here: The killer daddy's custodial status will be neatly be forgotten by the time the case goes to trial.
http://poststar.com/news/local/toddler-death-case-heading-toward-trial-as-accused-father-from/article_a9367e82-fae5-11e2-ae55-0019bb2963f4.html
Toddler-death case heading toward trial as accused father from Glens Falls rejects plea deal
19 hours ago • DON LEHMAN
QUEENSBURY -- The Glens Falls man accused of killing his 15-month-old son has refused a plea offer that would require him to plead guilty to murder, and a trial has been scheduled for October.
Gary L. Waite will not plead guilty in the case, because he is “adamant that he is innocent,” his lawyer, Marc Zuckerman, said Wednesday.
A pretrial hearing in the case was held Tuesday, and Zuckerman said he was advised by the Warren County District Attorney’s Office that prosecutors would require a plea to second-degree murder and would not consent to a plea to a reduced count of manslaughter.
Warren County Judge John Hall scheduled a trial to begin Oct. 21, with a pretrial hearing scheduled for Oct. 17. That hearing will focus on the admissibility of the written statement Waite gave to police in the hours after Jesse Smith was hospitalized with a severe head injury on Feb. 13, 2012. The child died two days later.
In the statement, Waite is quoted as telling Glens Falls Police the boy fell and hit his head on a chair leg in Waite’s Orville Street apartment, and that Waite threw him on a couch when he became frustrated that the boy wouldn’t stop crying.
Waite told police the toddler bounced off and hit his head on a wood floor, according to court records. Waite is charged with second-degree murder under a theory of law that alleges he showed “depraved indifference to human life” in causing the death of another person. He also faces a felony count of second-degree manslaughter and misdemeanor count of endangering the welfare of a child.
The depraved indifference statute has been complicated by court rulings in recent years that have toughened the standard for the charge, so that prosecutors have to show the defendant had no concern for the victim.
Zuckerman argued Waite’s calls to a relative for help showed he had concern for the child, and Warren County Judge John Hall dismissed the murder count last fall.
But the Warren County District Attorney’s Office appealed that ruling and the Appellate Division of state Supreme Court overturned it and reinstated the murder count last week, finding there was sufficient evidence to support the indictment.
Warren County District Attorney Kate Hogan said her office is prepared for trial in the case and believes it can prove the murder charge. Her office has pointed to medical evidence that prosecutors believe contradicts Waite’s version of events and indicates more force was used to cause the boy’s injuries than would have occurred through the falls Waite described.
Zuckerman, though, said he does not believe there is sufficient evidence to prove the murder count. And if Waite is convicted, the depraved indifference finding will be an issue on appeal.
“With the facts as they are, even if you believe the prosecution’s theory of what happened, which my client disputes, it doesn’t rise to the level of depraved indifference,” Zuckerman said.
He said the state Legislature needs to rewrite and clarify the depraved indifference statute. Hogan and the state District Attorney’s Association have been pushing the state Legislature for changes to the law.
“Right now, every judge has a different opinion on what the law is,” Zuckerman said.
Waite is being held in Warren County Jail, pending further court action.
Tuesday, February 21, 2012
Dad with "shared custody" charged with 2nd-degree murder in death of 15-month-old son; why was father with history of assault, sexual abuse granted any custodial rights? (Glens Falls, New York)
We first posted on this case the other day, before dad GARY LEE WAITE's custodial status was clarified. We now hear that this daddy had "shared custody" of a vulnerable 15-month-old toddler DESPITE A HISTORY OF ASSAULT AND SEXUAL ABUSE. Still more evidence of the triumph of fathers rights over ordinary decency. Mothers and children have a right to basic safety? Not under the new regime, pal.
Was this court-ordered custody? If so, what upstate judge has blood on his or her hands this time? Or was this custody that Mom "voluntarily" agreed to in order to avoid upstate New York's notoriously FR-infested family courts?
http://www.news10.com/story/16963235/glens-falls-father-charged-in-15-month-old-boys-death
Glens Falls father charges upgraded to murder
Posted: Feb 17, 2012 4:37 PM CST
GLENS FALLS, NY - The Glens Falls father accused of abusing his 15-month-old boy to death has been charged.
Gary Lee Waite, 28, was first charged with Assault. Waite is now facing charges of Murder in the 2nd degree, Manslaughter in the 2nd degree, and Endangering the Welfare of a Child.
On Monday Glens Falls police responded to Waite's home for the report of a medical emergency. The 15-month-old Jesse Smith was transported to Glens Falls Hospital and from there airlifted to Albany Medical Center, where he had surgery and was reported on life support.
On Wednesday Jesse Smith died after suffering from severe head injuries allegedly caused by Waite.
Waite admitted to police that he became frustrated with Jesse's crying after he had fallen, and when he wouldn't stop crying, Waite said he threw Jesse across the couch and the boy bounced off the couch striking the hardwood floor. Waite then told police Jesse fell into a metal chair when he was trying to get his sippy-cup.
Waite, who has a criminal history for alleged assault and sex abuse, shared custody arrangement with Jesse's mother.
Waite will be arraigned next week. Stay tuned with NEWS10 ABC for updates.
Family tells NEWS10 ABC that a wake for Jesse will be held Monday, February 20 at Gospel Lighthouse Church on 30 Lacrosse Street in Hudson Falls from 4:00 p.m. to 7:00 p.m. The funeral will take place at the same church on Tuesday, February 21 at 11:00 a.m.
Was this court-ordered custody? If so, what upstate judge has blood on his or her hands this time? Or was this custody that Mom "voluntarily" agreed to in order to avoid upstate New York's notoriously FR-infested family courts?
http://www.news10.com/story/16963235/glens-falls-father-charged-in-15-month-old-boys-death
Glens Falls father charges upgraded to murder
Posted: Feb 17, 2012 4:37 PM CST
GLENS FALLS, NY - The Glens Falls father accused of abusing his 15-month-old boy to death has been charged.
Gary Lee Waite, 28, was first charged with Assault. Waite is now facing charges of Murder in the 2nd degree, Manslaughter in the 2nd degree, and Endangering the Welfare of a Child.
On Monday Glens Falls police responded to Waite's home for the report of a medical emergency. The 15-month-old Jesse Smith was transported to Glens Falls Hospital and from there airlifted to Albany Medical Center, where he had surgery and was reported on life support.
On Wednesday Jesse Smith died after suffering from severe head injuries allegedly caused by Waite.
Waite admitted to police that he became frustrated with Jesse's crying after he had fallen, and when he wouldn't stop crying, Waite said he threw Jesse across the couch and the boy bounced off the couch striking the hardwood floor. Waite then told police Jesse fell into a metal chair when he was trying to get his sippy-cup.
Waite, who has a criminal history for alleged assault and sex abuse, shared custody arrangement with Jesse's mother.
Waite will be arraigned next week. Stay tuned with NEWS10 ABC for updates.
Family tells NEWS10 ABC that a wake for Jesse will be held Monday, February 20 at Gospel Lighthouse Church on 30 Lacrosse Street in Hudson Falls from 4:00 p.m. to 7:00 p.m. The funeral will take place at the same church on Tuesday, February 21 at 11:00 a.m.
Thursday, March 8, 2012
Accused killer dad with "shared custody" pleads not guilty to murder of 15-month-old son (Queensbury, New York)
Mothers who have babies as the result of a "one-night stand" should not be forced into "shared custody" arrangements. In fact, such an arrangment should be actively discouraged and avoided. It is nothing but a fantasy that people should or will "co-parent" with no shared history beyond drunken sex on a Saturday night. Seriously, what are the chances that this kind of father (i.e. sperm donor) will have or develop any meaningful relationship to the mother or child? Or even has any interest in doing the same? None. But there is going to be total resentment regarding child support obligations, which will put the mother and child at risk.
http://wnyt.com/article/stories/S2528750.shtml?cat=300
Accused child killer pleads not guilty
Posted at: 03/07/2012 10:37 PM | Updated at: 03/08/2012 10:43 AM
By: Dan Levy
QUEENSBURY - Gary Waite, 28, told a judge Wednesday afternoon that he's not guilty of murdering his 15-month-old son. Warren County's district attorney says she intends to prove otherwise.
A grand jury thought there was enough evidence to indict Waite on murder, manslaughter and child endangerment charges. District Attorney Kate Hogan believes she has enough evidence to convict him.
Pleading not guilty in court backs up what Waite said to Glens Falls Police last month, saying in a statement, "I know that I am innocent."
What investigators know for sure is that Waite and a woman named Lisa Smith had a one-night stand that produced a baby. They never married and they shared custody.
On Feb. 13 Jesse James Smith was at his father's apartment on Orville Street in Glens Falls and tings went terribly wrong.
"No one abuses a child in Yankee Stadium with 3,000 people looking," said Hogan. "It is very common in child abuse cases to have no witness other than the victim and whether the victim survives and can speak or not is different in every case."
In this case, little Jesse died.
Waite's version to police went like this: "(Jesse) got up and just fell forward and he hit his face on the metal legs of a chair. I saw his eyes were rolling back in his head and he was gasping for air. Jesse was just breathing and not moving. All I know was my son was f***ed up."
"Medical evidence is critically important in these cases to prove the causation of the injury and whether that causation is consistent with the explanation offered," Hogan said.
Waite's statement to police continued: "He was freaking out and crying. It went on for 20, 25 minutes to a half hour. I got frustrated and I tossed Jesse to the other end of the couch and he bounced off the couch, falling on the hardwood floor. I did not mean to hurt Jesse. I just tossed him right there because he wouldn't stop bugging out and calm down."
Relatives of the child's mother declined comment while leaving court.
"Any parent who loses a child has a grief that's insurmountable," Hogan said. "To lose a child in such a violent way by someone who you trusted, I think is a real heavy burden."
Waite remains in the Warren County Jail without bail. There is also an order of protection that prevents him from trying to get in touch with Smith.
A murder conviction carries a sentence of 25 years to life. Manslaughter can bring 15 years to life.
http://wnyt.com/article/stories/S2528750.shtml?cat=300
Accused child killer pleads not guilty
Posted at: 03/07/2012 10:37 PM | Updated at: 03/08/2012 10:43 AM
By: Dan Levy
QUEENSBURY - Gary Waite, 28, told a judge Wednesday afternoon that he's not guilty of murdering his 15-month-old son. Warren County's district attorney says she intends to prove otherwise.
A grand jury thought there was enough evidence to indict Waite on murder, manslaughter and child endangerment charges. District Attorney Kate Hogan believes she has enough evidence to convict him.
Pleading not guilty in court backs up what Waite said to Glens Falls Police last month, saying in a statement, "I know that I am innocent."
What investigators know for sure is that Waite and a woman named Lisa Smith had a one-night stand that produced a baby. They never married and they shared custody.
On Feb. 13 Jesse James Smith was at his father's apartment on Orville Street in Glens Falls and tings went terribly wrong.
"No one abuses a child in Yankee Stadium with 3,000 people looking," said Hogan. "It is very common in child abuse cases to have no witness other than the victim and whether the victim survives and can speak or not is different in every case."
In this case, little Jesse died.
Waite's version to police went like this: "(Jesse) got up and just fell forward and he hit his face on the metal legs of a chair. I saw his eyes were rolling back in his head and he was gasping for air. Jesse was just breathing and not moving. All I know was my son was f***ed up."
"Medical evidence is critically important in these cases to prove the causation of the injury and whether that causation is consistent with the explanation offered," Hogan said.
Waite's statement to police continued: "He was freaking out and crying. It went on for 20, 25 minutes to a half hour. I got frustrated and I tossed Jesse to the other end of the couch and he bounced off the couch, falling on the hardwood floor. I did not mean to hurt Jesse. I just tossed him right there because he wouldn't stop bugging out and calm down."
Relatives of the child's mother declined comment while leaving court.
"Any parent who loses a child has a grief that's insurmountable," Hogan said. "To lose a child in such a violent way by someone who you trusted, I think is a real heavy burden."
Waite remains in the Warren County Jail without bail. There is also an order of protection that prevents him from trying to get in touch with Smith.
A murder conviction carries a sentence of 25 years to life. Manslaughter can bring 15 years to life.
Monday, February 20, 2012
"Frustrated" dad accused of murdering 15-month-old son (Glens Falls, New York)
Dad is identified as GARY LEE WAITE. Was he babysitting? No explanation as to where Mom was.
INVISIBLE MOTHER ALERT
http://wnyt.com/article/stories/S2502328.shtml?cat=300
Father accused of murder in toddler's death
Posted at: 02/17/2012 5:53 PM | Updated at: 02/17/2012 6:19 PM
By: Mark Mulholland
GLENS FALLS - He's now charged with killing his own son.
Late Friday afternoon a Warren County Grand Jury Friday afternoon voted to indict Gary Lee Waite on murder charges.
The 28-year-old Waite is accused of murdering his 15-month-old-son, Jesse James Smith.
Jesse passed away Wednesday night at Albany Medical Center. The autopsy determined that the boy died from blunt force trauma to the head.
Waite, of Glens Falls, told police that he got frustrated Monday afternoon because the boy wouldn't calm down. So, he claims he threw the boy onto the couch at his Orville Street apartment and he bounced off and onto the hardwood floor. Police say he threw the child with such force that he fractured his skull in two places.
The child's grandfather, Leland Smith, says he doesn't believe Waite's story that the toddler bounced off the couch. "Because there was too much damage to his skull. Way too much," said Smith.
The indictment accuses Waite of Murder in the second degree, manslaughter in the second degree and endangering the welfare of a child.
As Jesse's family grieved and made funeral arrangements Friday they were still trying to figure out how someone could hurt a defenseless child.
I don't think there was a moment he wasn't smiling," said Smith. "He was just a great kid. And there isn't a whole lot more you can say about him because he never did anything wrong."
Waite's attorney, Mike Mercure, says his client tells him that it was an "accident."
Calling hours will be held from 4 to 7 Monday at Gospel Lighthouse Church on LaCrosse Street in Hudson Falls. The funeral will be held Tuesday at 11.
INVISIBLE MOTHER ALERT
http://wnyt.com/article/stories/S2502328.shtml?cat=300
Father accused of murder in toddler's death
Posted at: 02/17/2012 5:53 PM | Updated at: 02/17/2012 6:19 PM
By: Mark Mulholland
GLENS FALLS - He's now charged with killing his own son.
Late Friday afternoon a Warren County Grand Jury Friday afternoon voted to indict Gary Lee Waite on murder charges.
The 28-year-old Waite is accused of murdering his 15-month-old-son, Jesse James Smith.
Jesse passed away Wednesday night at Albany Medical Center. The autopsy determined that the boy died from blunt force trauma to the head.
Waite, of Glens Falls, told police that he got frustrated Monday afternoon because the boy wouldn't calm down. So, he claims he threw the boy onto the couch at his Orville Street apartment and he bounced off and onto the hardwood floor. Police say he threw the child with such force that he fractured his skull in two places.
The child's grandfather, Leland Smith, says he doesn't believe Waite's story that the toddler bounced off the couch. "Because there was too much damage to his skull. Way too much," said Smith.
The indictment accuses Waite of Murder in the second degree, manslaughter in the second degree and endangering the welfare of a child.
As Jesse's family grieved and made funeral arrangements Friday they were still trying to figure out how someone could hurt a defenseless child.
I don't think there was a moment he wasn't smiling," said Smith. "He was just a great kid. And there isn't a whole lot more you can say about him because he never did anything wrong."
Waite's attorney, Mike Mercure, says his client tells him that it was an "accident."
Calling hours will be held from 4 to 7 Monday at Gospel Lighthouse Church on LaCrosse Street in Hudson Falls. The funeral will be held Tuesday at 11.
Tuesday, November 12, 2013
Violent dad with joint custody goes to trial in death of 15-month-old son (Glens Falls, New York)
We have a general maxim here at Dastardly Dads. Basically, it's that a killer dad's custodial status (and all the judges and assorted court personnel who granted him his custodial rights) will be erased by trial.
And so it is here. Sounds like some random short-tempered dad who snapped, right? Wrong. This father had joint custody with the mother, despite a criminal history. In addition, this POS got joint custody although he was never married to the mother, and never had a serious relationship with her. Check out our previous posts on this case.
See here and here.
Waite, who has a criminal history for alleged assault and sex abuse, shared custody arrangement with Jesse's mother.
What investigators know for sure is that Waite and a woman named Lisa Smith had a one-night stand that produced a baby. They never married and they shared custody.
Anybody could have told you this would have been a disaster. What judge ordered this situation into being? Let's see names and see some accountability.
http://wnyt.com/article/stories/S3215709.shtml?cat=300
Trial begins in Glens Falls; father accused of killing son
Posted at: 11/12/2013 8:52 AM | Updated at: 11/12/2013 8:59 AM
By: Jessica Riley
GLENS FALLS - A Glens Falls father, accused of causing his own son's death, is in court Tuesday as his trial begins.
Gary Waite is accused of causing the death of his son, Jesse James Smith.
The child was 15 months old when he died. Police say in February of last year, the father threw the baby onto a couch when he would not stop crying.
The boy bounced off the couch and landed the floor of the apartment in Glens Falls.
And so it is here. Sounds like some random short-tempered dad who snapped, right? Wrong. This father had joint custody with the mother, despite a criminal history. In addition, this POS got joint custody although he was never married to the mother, and never had a serious relationship with her. Check out our previous posts on this case.
See here and here.
Waite, who has a criminal history for alleged assault and sex abuse, shared custody arrangement with Jesse's mother.
What investigators know for sure is that Waite and a woman named Lisa Smith had a one-night stand that produced a baby. They never married and they shared custody.
Anybody could have told you this would have been a disaster. What judge ordered this situation into being? Let's see names and see some accountability.
http://wnyt.com/article/stories/S3215709.shtml?cat=300
Trial begins in Glens Falls; father accused of killing son
Posted at: 11/12/2013 8:52 AM | Updated at: 11/12/2013 8:59 AM
By: Jessica Riley
GLENS FALLS - A Glens Falls father, accused of causing his own son's death, is in court Tuesday as his trial begins.
Gary Waite is accused of causing the death of his son, Jesse James Smith.
The child was 15 months old when he died. Police say in February of last year, the father threw the baby onto a couch when he would not stop crying.
The boy bounced off the couch and landed the floor of the apartment in Glens Falls.
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