Updated 12/05/2012 07:39 PM
Bail set for Gary Waite
Bail has been set for a Warren County man charged with killing his15-month-old son earlier this year. Our Brooke Selby tells us why family of the baby boy thinks the amount bail was set at isn't enough.
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WARREN COUNTY, N.Y. -- "I don't think he should get out of jail. I fear for my kids’ lives and I fear for my life,” said Lisa Smith, mother of deceased Jesse Smith.
Lisa Smith lost her 15-month-old baby back in February. A judge ruled Wednesday that Gary Waite, the man accused in his death, can be released on $100,000 cash bail.
The attorney for Waite, Marc Zuckermand, said, "At least bail was set. Before, we had no bail whatsoever. He had no chance of making bail."
In October, Judge John Hall dismissed the second degree murder charge against Waite for a lack of evidence. Right now, he is behind bars on manslaughter and child endangerment charges.
Zuckerman said, "Now the family can at least attempt to, the best they can, to pool all their resources and support him and maybe get a bond for him and get him out of jail."
The District Attorney was asking for bail to be set at $500,000 because of five prior misdemeanors, including not paying child support or following court orders. Ultimately, the judge ruled for a lower bail amount.
Patricia Genier said, "We are the only ones standing up for this. Obviously, we don't have a court system behind us to help us. I've never ever thrown my children. I've never hit them hit. It’s violent and I would never do that. If you do that, it's violent. They are calling that non-violent."
Zuckerman said, "He's adamant about his innocence. He's adamant that he didn't hurt his own child. This will all come out in the trial."
No date for a trail has been set.
In the meantime, Warren County's District Attorney is appealing the dismissal of the murder charge.