New trial for teen who killed his dad

HOUSTON The case was overturned some time ago, but now the decision has been made to take the case back to trial. There will be no plea agreement and the case will not be dismissed. The defendant is now 16 years old and is living with his mother.

This case dates back to 2004 when Dr. Rick Lohstroh was shot and killed by elder son, then age 10. At the trial in 2006, the boy claimed he was abused and fearful of visiting his father, who had joint custody of him. He was convicted and sentenced to 10 years with the Texas Youth Commission.

That decision was overturned, primarily based on the fact that expert testimony about his state of mind had not been allowed at trial. Today's decision means there will be a new trial.

"It's a juvenile murder case and the downside, the absolute downside, is that he could get 40 years in prison," said defense attorney Chris Tritico. "I think the way the case stacks up, and the evidence that we have, and the evidence that we had the last time we went to trial, we should win the case. I'm very comfortable going back to trial. I was comfortable trying it the first time, I'm very comfortable trying it again."

The next step is to select a trial date, which will be done in a couple of weeks.

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