This child can finally get his life back. It would have turned up so much differently if tyne police and the courts had protected him when he said he was abusing. They refused to believe him and gave this child no way out.
Nearing Finale for Son Convicted in Dad's Shooting Death
HOUSTON - August 2004: It was a crime scene that changed a 10-year-old boy's life.
Harris County deputies swarmed a brick home in an affluent Katy subdivision, responding to a call of shots fired.
They arrived to find Dr. Rick Lohstroh, a UTMB Galveston physician going through a messy divorce, slumped in his car.
Lohstroh had been shot multiple times by his then 10-year-old son. We’re not naming the boy due to his age and the nature of the crime.
Defense attorney Chris Tritico, also a FOX 26 legal analyst, served as the boy's attorney.
"One of the sad facts of this case is that a very troubled young man could get a gun," Tritico said Monday.
The Lohstroh boy received a 10-year sentence, spending four years in custody before an appeals court overturned his conviction.
He was released to live with his grandmother, but the case was still pending.
Over the years, the boy caught up on his studies at a private school, but there was always a possibility a judge would send him to an adult prison.
That possibility is about to end.
== End of a Long Road ==
Tritico says the district attorney's office dropped the determinate sentencing phase of the case.
"When they did that, we then went in and we plead no contest to juvenile murder case," Tritico said. "The judge gave him probation until is 18th birthday."
The Lohstroh boy is now 17 years old. If he doesn't get in trouble over the next year, the boy who shot and killed his dad back in 2004 will be off probation.
Tritico says he will be able to seal his criminal record at age 19, basically clearing his juvenile criminal record.
It could be the end to a story that captured national attention. When the case hit the courts, so did the details of his parents' nasty divorce, the boy's antidepressant use and abuse allegations.
== Tritico Proud of Young Defendant ==
Tracy Kleinhans was part of the jury pool. She talked to FOX 26 about her thoughts on the case in 2006 after she was dismissed from duty.
"He was in a blue plaid shirt and a pair of tan Dockers, and he just looked dwarfed by the attorneys," she said back then. "He was obviously very nervous, and we all looked at him and said, 'He killed his father’?"
Kleinhans went on to say she would've had a hard time sitting on the jury.
"It's still difficult, I think, for a 10-year-old child to understand true right from wrong," she said. "I wish him well. He's going to have a hard, hard life ahead of him regardless of what happens to him."
Tritico would not say where the boy was living.
He did confirm he was staying with family members, but no longer in his grandmother's custody.
Deborah Geisler, Lohstroh's mother, did not return our phone calls.
Tritico says the boy is already in college.
"I'm very proud of this young man for all that he's been through," he said. "(After) spending 4 1/2 years in custody, to be doing as well as he is. He graduated from high school early. He's a remarkable young man. I don't think any of us can really appreciate the pressure that you're under when you spend seven years of your life starting at 10, ending at 17, with this cloud hanging over your head. The older he got, the more he appreciated the fact he could go back to prison for a very, very long time."