BATH, N.Y. (WETM) – Jury deliberations in the Dustin Drake trial were paused Tuesday after one of the jurors called out sick. Special prosecutor Ray Benitez walked out of the courtroom just before 9:30 a.m. to inform the family of Korbie Higgins who was gathered outside. Mr. Benitez explained jury deliberations cannot proceed without a full jury. Jurors were then dismissed for the day.

18 News reporter Nicolas Dubina confirmed with both the prosecution and the defense that alternate jurors are not used at this stage of the proceedings, and have already been dismissed.

If there is no sick call on Wednesday, the jury is expected to resume deliberating at 9:30 a.m.