WICHITA FALLS (KFDX/KJTL) — A man’s request to be released early from his probation so he can drive his mother to her medical treatments for terminal cancer was denied by a judge Friday morning.
Derek Mauldin has completed almost four years of his five years probation for injury to a child.
His mother appeared in his Zoom hearing to testify she soon will be unable to drive to her dallas appointments, and many of them can not be set with enough notice that her son can get permission in advance to travel out of the county.
She said her prognosis gives her about a year to live.
Mauldin’s probation officer said Mauldin completed his required community service in three months and has also passed his drug tests.
He had earlier completed an anger management course.
The district attorney’s office opposed the motion saying community service hours and being drug free are basic requirements and shouldn’t come with rewards or bonuses.
30th District Judge Jeff Mcknight denied the early termination request, but told Mauldin’s attorney he would consider a motion to modify mauldin’s travel restrictions so he would be able to travel for medical appointments without prior approval.
Mauldin had previously requested permission to travel outside the county because he is a storm spotter.
Mauldin was sentenced in 2017 for kicking his 4-year- old son in the abdomen, causing internal injuries. He said his son threw a bottle, hitting him in the eye and it caused him to have reflex kick which he claimed wasn’t hard.
But doctors at Cook Children’s Medical Center in Fort Worth, where the boy was taken for emergency surgery, say the injury was similar to those seen in high-speed traffic accidents and listed it as physical abuse.
The 6-year-old brother of the victim told police he actually threw the bottle and his father thought the other boy threw it.
He said his father was sitting on the bed and the victim was on his back on the floor when Mauldin lifted his right leg and stomped on the victim.
In arguing against the request, the prosecutor asked the judge to review the details of the crime, and Judge Mcknight said he had.