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Jury begins to deliberate in Waite trial

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Updated: 11/19/2013 8:55 pm

GLENS FALLS, N.Y. -- The case against Gary Waite, a Glens Falls man accused of causing the death of his 15-month-old, is now in the hands of a jury.

Closing arguments were made Tuesday morning after several days of witnesstestimony. Waite did not take the stand in his own defense.

During the course of the trial, the jury heard graphic testimony about the extent of the boy's fatal injuries.

Police say Waite threw the boy to the ground when he would not stop crying in February 2012, but he claims the boy fell from a couch and hit his head.

During closing arguments, Waite's Attorney Marc Zuckerman told jurors that they did not have enough information or evidence to prove beyond a reasonable doubt that Waite didn't care about his son Jessie Smith.

"He was extremely concerned, upset, hysterical. You heard the descriptions they came from the police," said Zuckerman.

But DA Kate Hogan told jurors that Waite did not seek immediate medical care for Smith as he was clinging to life.

"He didn't do anything. He was choosing to protect himself as he documents in text messages his child dying before his very eyes," she said.

It's been a very difficult day for the family of Jessie Smith, his mother told NEWS10 ABC that Tuesday is the first day she could bring herself to this trial , and when photos of her son were shown in court she and her family were brought back to the day he died from what police and the DA says was a brutal beating.

Jessie's aunt, Tricia Grenier, says she and her family are angry that Waite still maintains his innocence.

"It's been a huge hurt to our family and I'm sure to his family too but our families have suffered not only with Jessie's death but with this trial and he just he needs to, they need to finally put him away and get this over with," she said. "The difficult part about the whole thing is just not admitting to saying that he did this to Jessie and owning up to it and taking the responsibility for it."

If convicted, he faces 25 years to life in prison.

As jurors went into deliberation Jessie Smith's family waited anxiously hoping to finally have some sort of peace.

As of 4:30 p.m. on Tuesday, the jury was dismissed and deliberations will continue on Wednesday at 1 p.m.

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