A teenager whose conviction in the fatal 2004 shooting of his father in Katy was reversed could face 40 years behind bars after deciding Thursday to go to trial again, accused of murder.
The boy, who was 10 at the time of the shooting, was convicted by jurors in October 2006 when he shot his father, Rick Lohstroh, six years ago. He was sentenced to 10 years behind bars.
At the Harris County Juvenile Justice Center Thursday the boy and his attorneys explored "every option" to resolve the case without a second trial after the boy's conviction was overturned last year, the boy's lawyer said.
Attorney Chris Tritico said the teen decided to try his chances again in front of a jury.
"Without getting into the ins and outs, we've been discussing ways to resolve the case," Tritico said. "At the end of the day, he decided it was in his best interest to pick another jury and go back to trial."
If he is again found to have committed murder, he could face a maximum of 40 years behind bars. He has spent four years in juvenile jail, half of which was waiting for trial.
If sentenced to the maximum, the teen would be incarcerated by the Texas Youth Commission until he is 18, then sent to adult prison.
Tritico said he could not discuss whether there had been any plea offers in the case. He said the new trial would be set at a hearing in state District Judge Mike Schneider's court in two weeks.
Prosecutors have remained silent about the case, which is not unusual in juvenile cases.
The 16-year-old boy, who was living with his grandmother in San Antonio after his appeal, has returned to Houston, where he lives with his mother, Tritico said.
Police have said Lohstroh, 41, had gone to his ex-wife's home to pick up his two sons on Aug. 27, 2004. The older boy, then 10 years old, got into the back seat of his father's vehicle with his mother's .45-caliber pistol and shot his father through the back of the driver's seat, according to police.
Lohstroh, a physician at the University of Texas Medical Branch in Galveston, and his ex-wife, Deborah Geisler, were both arrested on family violence charges on different occasions before they divorced, police reports show.
In December 2008, the 14th Texas Court of Appeals in Houston ruled that the boy, who the Houston Chronicle is not identifying, should get a new trial because the judge had not allowed jurors to hear evidence that the boy believed he was defending himself and his younger brother.
http://www.cncpunishment.com/forums/...newthread&f=31
Bookmarks