On Wednesday, February 17, 2016, Gary Wayne Hite, Jr. 44, of Whitesboro, was convicted by a jury in the 59th District Court of Injury to the Elderly Causing Serious Bodily Injury.
On May 29, 2014, 71-year-old Gary Hite, Sr. came to the Whitesboro police department and reported to Officer Cole Dotson that he had been thrown to the ground, kicked, and beaten by his son, Gary Hite Jr. Dotson observed Hite to have blood in his mouth and several scrapes and abrasion on his body consistent with having been in an altercation. Police escorted Hite Sr. back to his house where Hite Jr. was waiting in the yard. When police arrived Hite Jr. became belligerent with police and yelled profanities at his father. Hite Jr. told officers the argument had only been verbal and that he had never touched his father. He could not explain how the older man had suffered the injuries police observed. Officers arrested Gary Hite Jr. at the scene. Gary Hite Sr. declined to be transported for medical treatment.
The next morning, a neighbor went to check on Hite Sr., whose injuries had worsened overnight. An ambulance was called and Hite Sr. was taken to Wilson N. Jones hospital, where Dr. Kevin Thompson discovered that Hite Sr.’s injuries consisted of a punctured lung, broken ribs, and numerous facial contusions. Jurors learned that Hite Sr. was never released from the medical care thereafter, and passed away approximately two months later from a stroke.
At trial, Assistant District Attorneys Britton Brooks and Matt Johnson presented evidence to the jury that Hite Jr. had been drinking heavily throughout the day and played a recording from a jail visit where Hite Jr. told his brother that he had blacked out and had no memory of assaulting his father. Prosecutors also called Dr. Kevin Thompson to explain Hite Sr.’s injuries to the jury.
“This was a difficult case because the victim in the case had passed away,” said Grayson County District Attorney Joe Brown. “Mr. Hite Sr. was not available to testify. His death could not be directly linked to the beating he received, so we could not charge the case as murder, but certainly when the man never recovers, there would appear to be a connection.”
Gary Hite Jr. was represented by Sherman attorney Scott Smith. Smith argued that Hite Jr. was acting in self-defense against his father. He also drew the jury’s attention to evidence that Hite Sr. suffered from dementia and could have fallen during the night, potentially causing his injuries.
Hite Jr. chose to have his sentence determined by Judge Rim Nall, who presided over the trial. Sentencing on the case will be held in the 59th District Court at 9am on May 6. Injury to the Elderly Causing Serious Bodily Injury is a 1st degree felony carrying a range of punishment from 5-99 years in prison.
