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Thread: Teen wants a new trial in Katy dad's (Dr. Richard Lohstroh) death

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    Teen wants a new trial in Katy dad's (Dr. Richard Lohstroh) death

    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.

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    Previous articles

    Boy who shot dad to leave detention / Mom objects to grandmother getting custody
    BRIAN ROGERS : STAFF
    Lohstroh was a physician at the University of Texas Medical Branch in Galveston. Lohstroh, 41, had gone to his ex-wife's home to pick up his two sons, who attended school in Friendswood.
    02/06/2009
    Boy to remain in custody during appeal
    BRIAN ROGERS : STAFF
    Rick Lohstroh, a physician at the University of Texas Medical Branch in Galveston, died in the 2004 shooting outside the Katy home of his ex-wife.
    12/20/2008
    Boy who killed dad may get retrial / Appeals court rules that judge erred in excluding evidence expl...
    BRIAN ROGERS : STAFF
    Rick Lohstroh, a physician at the University of Texas Medical Branch in Galveston, died in the 2004 shooting. Richard and Joanne Greene, Lohstroh's parents, could not be reached for comment.
    12/12/2008

    Boy who killed dad `holds key to gates' / If he completes resocialization programs, he could be paro...
    DALE LEZON : Staff
    Last week, a jury concluded that the boy had committed an act of delinquent conduct two years ago when he shot Rick Lohstroh outside Geisler's home in Katy.
    10/07/2006
    BOY WHO KILLED DAD GIVEN 10 MORE YEARS IN CUSTODY / 12-year-old who shot doctor at age 10 needs time...
    DALE LEZON, ZEKE MINAYA, ARMANDO VILLAFRANCA : STAFF
    The verdict ended three days of deliberations in a Harris County juvenile court where the boy, now 12, was held responsible for the August 2004 slaying of physician Rick Lohstroh.

    Lohstroh jurors still considering punishment
    Staff
    They concluded last week that the boy, whom the Chronicle is not naming because of his age, had "committed an act of delinquent conduct" when he shot physician Rick Lohstroh.
    10/04/2006
    Jury rules against boy who killed father / The 12-year-old could get sentence of up to 40 years
    DALE LEZON : Staff
    Lohstroh pleaded no contest to an assault charge in Galveston County in 1997, court records show.
    09/30/2006
    Trial of boy in his father's death adds to legal battles in the case / Two years after the child, no...
    PEGGY O'HARE : STAFF
    TROUBLES : Rick Lohstroh and Deborah Geisler divorced in May 2003, but their animosity continued afterward.
    08/22/2006
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    08/22/2006
    Expert: Jury likely to be sympathetic / A 12-year-old will probably fare better than a youth close t...
    PEGGY O'HARE : STAFF
    Age probably will work in favor of a 12-year-old Friendswood boy when he stands trial in a juvenile court this week for the 2004 slaying of his father, physician Rick Lohstroh.
    08/22/2006
    Gag order lifted in case of slain father
    ANDREW TILGHMAN : Staff
    He has been detained since the Aug. 27 death of his father, Rick Lohstroh, a 41-year-old physician.
    03/04/2005
    Judge calls for analysis of blood from boy / The 10-year-old had been taking antidepressants at the...
    ANDREW TILGHMAN : Staff
    The sample was taken shortly after Dr. Rick Lohstroh was shot Aug. 27 outside his ex-wife's Katy home.
    02/17/2005
    Billboards remember slain dad
    ANDREW TILGHMAN : Staff
    SOME new billboards in Houston are intended to keep alive the memory of Dr. Rick Lohstroh, the surgeon who police say was shot and killed by his 10-year-old son last year.
    02/14/2005
    Boy made into cause by group / Advocates say father's death a case of alienation syndrome
    ANDREW TILGHMAN : Staff
    Parents and others seeking formal recognition of the so-called syndrome have latched onto the death of 41-year-old Rick Lohstroh, who was killed on Aug. 27 outside his ex-wife's Katy home.
    Katy boy to remain in custody / 10-year-old is accused in fatal shooting of father
    ANDREW TILGHMAN : Staff
    Dr. Rick Lohstroh's son is accused of fatally shooting him outside the Katy home of the physician's ex-wife on Aug. 27.
    12/17/2004
    Woman drops claim to estate of slain doctor / She had said she was the man's common-law wife
    ROMA KHANNA : Staff
    Friday, Galveston Probate Judge Gladys Burwell granted Kaye Dee Lutes' request to dismiss the case on which she was asserting her status as Dr. Rick Lohstroh's wife and an heir to his estate.
    10/18/2004
    Judge loosens gag order in slain-doctor case / Limited access given in trial of 10-year-old son
    ANDREW TILGHMAN : Staff
    The child, who remains at a juvenile-detention facility and did not attend the hearing, has been charged with murder in the Aug. 27 death of his father, Rick Lohstroh, a 41-year-old physician.
    10/13/2004
    Woman seeks status as wife of slain doctor / High-profile divorce attorney joins probate case
    ROMA KHANNA, KEVIN MORAN : Staff
    Lilly said that Lutes, 35, also is likely to seek custody of the boy accused of shooting his father, Rick Lohstroh, on Aug. 27.
    10/07/2004
    Media file motion to gain access to boy's case
    ROMA KHANNA : Staff
    The boy was charged with murder after the Aug. 27 death of his father, Dr. Rick Lohstroh.
    10/07/2004
    10-year-old's murder charge rare / Juvenile system has not handled many such cases
    TONY FREEMANTLE : Staff
    10-year-old's murder charge rare / Juvenile system has not handled many such cases . The murder charge recently filed against a 10-year-old b
    10/04/2004
    10-year-old boy charged with murder / A hearing is set, but little is known about case against sl...
    LA MONICA EVERETT-HAYNES, ROSANNA RUIZ : Staff
    Geisler has told investigators she believes the boy was sexually abused by Lohstroh, but no charges were ever filed.
    09/30/2004
    ON TWO / News in 90 seconds
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    Police file: Officers have said the boy shot Rick Lohstroh outside the Katy home of Lohstroh's ex-wife.
    09/30/2004
    Prozac maker sued in death / Doctor's parents allege violence of boy was caused by antidepressant
    RAD SALLEE, KEVIN MORAN : Staff
    It seeks unspecified damages on behalf of Dr. Rick Lohstroh's 8- and 10-year-old sons. In her petition, Lutes described herself as Lohstroh's "common-law spouse."
    09/23/2004

    Custody of accused boy sought / Grandparents also file lawsuit for his brother
    KEVIN MORAN : Staff
    The 10-year-old is in a Harris County juvenile detention center after he allegedly shot his father, physician Rick Lohstroh, several times Aug. 27 as the two sat in Lohstroh's vehicle.
    09/08/2004
    ON TWO / News in 90 seconds
    Staff
    The action: The mother and stepfather of physician Rick Lohstroh filed suit Tuesday.
    09/08/2004
    Prozac concerns intensify / Doctors evaluate if antidepressants in kids can lead to acts of viole...
    LEIGH HOPPER : Staff
    The Aug. 27 death of Dr. Rick Lohstroh came at a time when the U.S. Food and Drug Administration was already re-examining antidepressant side effects in children.
    09/06/2004
    Mother disputes report she made death threat / She says she 'was just joking' then her husband mad...
    KEVIN MORAN, RUTH RENDON : Staff
    Geisler, a nurse who is diabetic, said Lohstroh first raised the subject of her using insulin to harm him.
    09/02/2004
    Doctor told police wife threatened to kill him / Documents cast doubt on allegations he sexually ab...
    KEVIN MORAN, RUTH RENDON, PEGGY O'HARE : Staff
    The alleged death threat came near the January 2002 collapse of the 13-year marriage between physician Rick Lohstroh and his nurse wife, Deborah Geisler.
    09/01/2004
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    Mom: My son isn't `a homicidal maniac' / She says abuse, drug dosage may have driven boy to shoot ...
    ANDREW TILGHMAN, KEVIN MORAN, PEGGY O'HARE : Staff
    But the attorney who represented Dr. Rick Lohstroh during a bitter divorce denied the abuse allegations. Lohstroh's attorney, Kathleen Collins of Galveston, adamantly denied allegations of abuse.
    08/31/2004
    Boy was witness to drawn-out divorce / 10-year-old is being held in the death of his father
    EDWARD HEGSTROM, RHEA DAVIS : Staff
    Friends and co-workers of Dr. Rick Lohstroh described him as "much loved and respected" and said he often complained about the bitter divorce.
    08/29/2004
    ON TWO / News in 90 seconds
    Staff
    Friends and co-workers of Dr. Rick Lohstroh, however, say the UTMB physician was a loving father.
    08/29/2004
    10-year-old boy shoots his father to death
    ROBERT CROWE : Staff
    The shooting took place outside the home of Lohstroh's ex-wife, where the boy lives with his mother and a 7-year-old sibling. Lohstroh was a doctor at the University of Texas Medical Branch.
    08/28/2004

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