Gary Waite and Baby Jesse

Gary Waite and Baby Jesse

Posted in the Ticonderoga Forum

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Keep His Story Alive

San Diego, CA

#1 Feb 29, 2012
It has come to my attention that certain people are attempting to divert attention away from this child's death as a way of supporting Gary Waite.
In other words, the less people talk about, the more people "cool down," as lawyers put it, the lesser his sentence will be when he is convicted.

I, for one, will not forget Baby Jesse Smith.(I didn't know him, but I know his story.) He deserves better than the mockery being made out of the tragedy of his death. As do all the children who die violent deaths every day in this country.

The government systems that allowed this predictable and horrific event to take place SHOULD BE HELD ACCOUNTABLE! As for you people who are still on Gary Waite's cheerleading team, autopsies do not lie. YOU TOO should be very angry at CPS and the Judge that failed this child so predictably.

Do something for Baby Jesse! Make a phone call to your legislator, write a letter, something. Is he going to lose his life for nothing???
Community helps

Middlebury, VT

#2 Mar 2, 2012
This is what real communities do:

http://poststar.com/bottle-and-can-drive/imag...
Disgraceful

United States

#3 Mar 10, 2012
The people that want to redirect attention from this ignorant piece of shit disgust me.
Lets talk BEFORE

San Diego, CA

#4 Sep 20, 2012
Let's talk about this case BEFORE it happens again! Let's start with this:

WHAT DIDN'T HAPPEN TO SAVE THIS CHILD'S LIFE *THAT SHOULD HAVE HAPPENED*?
Status of Case

Middlebury, VT

#5 Sep 20, 2012
Does anyone know the status of this case?
concerned

Ticonderoga, NY

#6 Sep 20, 2012
was there poof that this baby was abused before,or just rumors? were their other children in hosehold?
glens falls paper a couple of weeks ago said waite is borderline retarded?? is there truth to the theory mom sent child to waite with injuries?
Status of case

Middlebury, VT

#7 Sep 20, 2012
That's not news.

And, there are retarded and otherwise seriously mentally ill people right here in Ti that are reported and allowed to keep their kids. Or they are given their kids back when nothing changed.

Just a matter of time for our community. Tick, tick, tick...
concerned wrote:
glens falls paper a couple of weeks ago said waite is borderline retarded??
Lets not forget

San Diego, CA

#8 Sep 28, 2012
Let's not forget this child. How did he die? Because the system FAILED HIM!!!
Facts

Ticonderoga, NY

#9 Oct 19, 2012
Murder charges dropped! Check out The Post Star.
what

Ticonderoga, NY

#10 Oct 19, 2012
this is insane this guy should have went to prison wtf?
are u kidding

Ticonderoga, NY

#11 Oct 19, 2012
he was out and in town. arrested for warrant fron platts. but he was out! how can that be? he took the life of an innocent child!!!!!!!
JUSTICE for Baby Jesse

Middlebury, VT

#12 Oct 20, 2012
It is far from over.

Read the article.

(But, rest assured, his lawyer--who I'm sure the taxpayers are working for--will use his alleged "retardation" etc. to try to get him off.)
wow

Randolph, VT

#13 Oct 20, 2012
Judge throws out murder charge against Gary Waite in toddler death
Judge throws out murder charge against Gary Waite in toddler deathDON LEHMAN -- October 18, 2012 5:58 pm • DON LEHMAN ---- Warren County Judge John Hall on Thursday dismissed the second-degree murder charge filed against a Glens Falls man accused of killing his 15-month-old son earlier this year.
Hall ruled that there was not sufficient evidence that Gary L. Waite exhibited “depraved indifference to human life” through his actions in the hours before Jesse Smith was hospitalized with a serious head injury Feb. 13.
The dismissal does not end the case against Waite, since lesser charges of second-degree manslaughter and endangering the welfare of a child were not affected by the ruling and remain pending. Waite remained in Warren County Jail without bail.
The Warren County District Attorney’s Office -- which had contested the motion to dismiss -- can appeal Hall‘s dismissal, and District Attorney Kate Hogan has indicated an appeal will be pursued. Hall adjourned the case without date to allow prosecutors to pursue an appeal.
Waite, 28, has not been accused of intentionally killing the toddler, who died two days after he was hospitalized. He told police the boy fell and hit his head on a metal chair leg, and when he would not stop crying, Waite tossed him onto a sofa but he bounced off and hit his head on a wood floor.
Prosecutors have contended the injuries are not consistent with Waite’s version of events.
Waite’s lawyer, Marc Zuckerman, had asked Hall to dismiss the murder count because he believed Waite’s actions did not meet the legal standard of depraved indifference to human life that the murder charge required.
Hall found that the evidence showed that Waite telephoned the child’s mother -- from whom he was estranged -- expressing concern that the boy had fallen asleep after hitting his head, and that he sent a text message and made a phone call to his mother expressing concern about the child’s condition, the last of which prompted the mother to go to Waite’s home.
Hall wrote that the case law on the issue required the dismissal, since the evidence did not seem to show that Waite did not care about the boy’s welfare. The prosecution must show “utter indifference” and that he “did not care at all” about the victim, the judge wrote.
“The court finds that the people (prosecution) did not make out a prima facie case establishing that the defendant did not care at all about his child,” the judge wrote in an eight-page ruling.“The grand jury (that indicted Waite) had no reasonable cause to believe that the defendant acted in a way that could establish the essential element of depraved indifference.”
What constituted the legal threshold of depraved indifference has been in flux in New York for several years as mid-level appeals courts and the Court of Appeals heard cases on the issue, and Hall recommended in his decision that the state Legislature “consider amending” the law to clarify it.
Zuckerman said he agreed with the decision and said it took courage for Hall to dismiss the charge under the circumstances. He said he believed the Appellate Division would affirm the ruling on appeal.
“Legally, I think the manslaughter charge fits the facts as alleged better,” he said.
Hogan could not be reached for comment Thursday.
But she said earlier this week that her office planned to appeal the ruling to the Appellate Division of state Supreme Court in the event that Hall dismissed the murder charge, and believed that an expedited appeal could be heard in less than a month.
There is a stark difference between potential penalties for second-degree murder and second-degree manslaughter.
The former charge can bring a sentence of up to 25 years to life, while the latter is punishable by up to 5 to 15 years in state prison.
Lets not forget

San Diego, CA

#14 Oct 24, 2012
Should there be a different standard for defining murder when the victim is a child, particularly a child who was not even old enough to talk or seek help?
Any News

Burlington, VT

#15 Oct 31, 2012
Does anyone have any updates on this case?

(Personally, I don't think politicians in New York give a care or thought to the well-being of children. Sorry, I just don't.)
Woes Of Fornication

Trenton, NJ

#16 Oct 31, 2012
Do you wonder why this Gary Wait is such a piece of trash? Well for starters he is the unintended product of an irresponsible recreational and most likely intoxicated coupling by a red-headed doper douchbag and his dope dealers sister.
His unexpected and unwanted conception was followed by a dope fueled gestation which along with the imbecilic influence of druggies for parents most likely made him the father he is & was to that baby. I say swing that idiot for what he did for that baby or at least sterilize him so that after his prison sentance he will not be able to pollute the genepool as his parents did and there should be some sort of punishment for them as well as forced sterilization for what they inflicted on society. Let this sad true tale be a lesson and think before you fornicate as society does not need anymore tragedy's such as this.
Lets NOT FORGET

San Diego, CA

#18 Jan 1, 2013
Is there any news on this case? Besides what has been printed in the paper--which may or may not be good or comprehensive information.

Does anyone know what is happening to get JUSTICE FOR BABY JESSE???
Is He Out

Burlington, VT

#19 Jan 1, 2013
Did they let him out of jail? Does anyone know?

http://poststar.com/news/local/judge-sets-bai...
Lets NOT FORGET

San Diego, CA

#20 Jan 2, 2013
Thank you for the post!

There is no word on whether he HAS in fact made bail.

Someone out there must know???
jesses aunt

Hudson Falls, NY

#21 Feb 17, 2013
I am jesse's aunt NO jesse was not send with prior injuries and NO Gary Waite is not retarded.but he's doing a good job of playing now.i was with jesse when doctor examed him i have the reports from the doctors and i can tell you he may have thrown him on a couch but he also did way more then that.reports say it was more like he opened a 10 story window and dropped him. also want to make it known CPS was never involved court records also state that too.that was someone talking to the press without knowing details of My sisters life.god i wish we would have known cause if there was a CPS report I would have broke a court order and kept him from him.we had no idea till the day it happened and for the ones that support gary hahaha your doing a great job at supporting your friend ya can't even show up to court ha your a great support system his mother is the only one the comes he once or twice brought 2 or 3 other people but not even his own sister comes to court for him.when we or in court there are no less then 25 people i love and miss my nephew so much i plan to fight this till the day i die.i hoping to spread awareness for child abuse and get are law ajusticed.we need harsher punishment this don't end with jesse james smith my mr magoo

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