A judge said the 14-year-old boy could be released to the custody of his maternal grandmother. The judge decided not to release him to his mother, and he is to have no contact with his brother or paternal grandparents,
The boy was convicted in 2006 for the 2004 shooting of his father, Rick Lohstroh, in his driveway. That verdict was overturned back in December.
The boy's grandmother says the safest place for him is with her, near San Antonio.
"That was so completely out of character for this kid," said grandmother Bernice Geisler. "He's not a violent kid at all."
The boy's mother says she will ask for mercy in her visitation rules.
"I'm very happy that my son is released from the Texas Youth Commission," said mother Deborah Geisler. "I'm disappointed in the judge's decision not to reunite him with his family."
The boy will stay with his grandmother until he goes on trial again.
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