An 80-year-old man convicted in the death of another in a South Park gas station shooting will undergo six years probation — a punishment that jurors and a judge decided following an emotionally divisive trial.
Defense attorney Justin Keiter puts his hand on his client Frank Moaning, 80, during the punishment phase in the 182nd District Court on Friday, Sept. 2, 2022 in Houston. Frank Moaning, an 80-year-old man convicted of criminally negligent homicide, stemming from a gas station shooting in 2018.
“This has been an ordeal for me,” she said, reflecting on how Moaning’s criminal case had impacted her life. “I try to be a Christian person but even then — it’s something you wouldn’t know unless you were in my position. I’m 79 and he’s 80 — who would have thought it? Not me.”Judge Danilo Lacayo in the 182nd District Court ordered that Moaning not go to jail or be required to do community service as part of the probation. He will enroll in Harris County’s veterans court, if possible.
An exchange of words between Moaning and the woman escalated to pushing and slapping. At one point, she spit on him and struck him near his pacemaker, he testified.Hickmon joined the fight by punching Moaning three times in the head while his back was turned, an attack that likely caused bruising and swelling to his head. Photos of those injuries were shown in court.
Moaning is unlike most of the defendants in the Harris County criminal justice system. He is among nearly 50 defendants in Harris County born in 1942 or earlier — a small fraction of the more than 42,800 pending felonies funneling through the courthouse, according to county records.The defendant’s age was referenced sparingly throughout the trial except when Moaning addressed his time in Vietnam and when defense experts outlined his medical ailments.
Keiter told jurors that death is a certainty for all. Moaning would meet his fate sooner, he said, and so would his wife. He revealed to HPD detectives following his arrest that he takes medication related to a post-traumatic stress disorder diagnosis stemming from his wartime experience. A medical expert for the defense said Moaning was granted disability for his PTSD and argued he may have suffered a concussion during the gas station assault, leading to a possible flashback that contributed to the shooting.“He hit me upside the head. I had a big knot,” testified Moaning, then referencing his wartime experience.
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