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Jury finds Glens Falls man guilty of killing son

Updated: 11/20/2013 5:41 PM
Created: 11/20/2013 2:34 PM WNYT.com
By: Mark Mulholland

QUEENSBURY - As the jury foreperson announced the guilty verdict on all counts, Gary Waite has no visible reaction whatsoever.

The jury took just two hours over two days to find the 30-year-old Glens Falls man guilty of killing his 15-month-old son, Jesse James Smith.

Waite wasn't accused of intentional murder, but rather depraved indifference murder, that he recklessly caused the child's death and didn't care whether he lived or died.

It happened on February 13, 2012 inside Waite's Orville Street apartment. Waite fractured the child's skull and caused a fatal brain injury.

Lisa Younes is the child's mother.

"Now this baby has justice and that's all that matters. Now all we're hoping for is he gets 25 to life," said Younes.

25 years to life is the maximum sentence for murder in the second degree.  District Attorney Kate Hogan says that's what she'll ask for when Gary Waite is brought back before the judge on December 11th.

"When you have a 15-month-old who has these types of injuries and had that excruciating death, I don't know if the maximum's enough," Hogan said.

Waite's attorney, Marc Zuckerman, was disappointed but not surprised by the verdict, saying the concept of depraved indifference is too complicated for a jury to have to consider.

"We got a verdict. And now we're going to move on to what I believe is the real fight. The real fight in this case is going to be the appeal," said Zuckerman.

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