An appeals court has reinstated a depraved-indifference murder charge against a man for the death of his 15-month-old son due to a head injury. The Appellate Division, Third Department, restored the charge against Gary Waite after Warren County Court Judge John Hall Jr. (See Profile) dismissed the indictment on the count, Penal Law §125.25[4], returned by a Warren County grand jury in 2012.
Writing for the panel, Justice John Lahtinen (See Profile) said in People v. Waite, 105416, that while applications of the second-degree depraved murder charge have been subject to a long series of interpretations beginning with People v. Suarez, 6 NY3d 202 (2005), courts have agreed that a defendant must have a "culpable mental state" to commit the crime and display an "utter disregard for the value of human life." Lahtinen said both elements were adequately demonstrated by the prosecution when it secured a depraved indifference murder indictment against Waite for the 2012 death of his son while in his care.
