A judge has dismissed a murder charge against a Glens Falls man accused of killing his 15-month old son.
The Post-Star reports that Warren County Judge John Hall dropped the second-degree murder count Thursday because there was no evidence 28-year-old Gary Lee Waite acted with “depraved indifference” when he threw Jesse Smith onto a couch and the child bounced onto the floor.
The toddler died of a head injury after being hospitalized on Feb. 13.
Waite is still facing second-degree manslaughter and endangering the welfare of a child charges. He has pleaded not guilty.