Print

Email story

Comment

Email editor

Shooter's sentence reduced by 10 years

He shot an ex-lover's husband in the face, but because of the wording of the verdict, his charge is reduced after an appeal.

By COLLEEN JENKINS
Published November 3, 2005

NEW PORT RICHEY - Convicted of shooting and seriously injuring a man five years ago, Thomas Genero Maier should have faced at least 25 years in prison under Florida's "10-20-Life" gun law.

Just for firing the gun, he could have received a 20-year sentence.

But Wednesday, Maier learned he would have to spend at most 15 years behind bars for shooting an ex-lover's husband in the face at close range.

The best-case scenario for the man found guilty of attempted first-degree murder resulted from a technical error in the official documents used to convict him. It left his victim's wife furious with the legal system.

"It's okay that this guy gets his life back but not my husband," said Amy Paulding, 30, who once dated Maier. "It's not fair."

In June 2002, Circuit Judge William Webb sentenced Maier to 25 years in prison, followed by five years' probation.

The punishment seemed proper under Florida's tough-on-crime gun law enacted in 1999. Maier had pointed a rifle at Amy Paulding during an argument Oct. 11, 2000. When her husband intervened, Maier shot him.

The bullet shattered John Paulding's jaw and passed through the back of his head, narrowly missing his spine. Paulding survived but lost teeth and still suffers from seizures because of bullet fragments in his neck.

He testified against Maier and was satisfied with the jury's verdict.

"I feel justice has been served," John Paulding said after Maier's 2002 trial.

He didn't expect a re-sentencing three years later. That came about after attorney Curtis Crider, hired to handle Maier's appeal, found an error in how the charge against his client was worded in official documents.

For Maier to qualify for the minimum-mandatory sentence of 25 years to life in prison under the 10-20-Life law, the jury verdict form had to include language that said Maier discharged a firearm and caused great bodily harm.

The wording wasn't there, Crider said.

That made Maier's sentence illegal. Crider appealed to have it corrected.

Wednesday afternoon, Webb sentenced 28-year-old Maier to 15 years in prison. At a minimum, Maier must serve 10 years for pulling a gun during the crime. The prison time will be followed by 10 years of probation.

"The bottom line is the guy didn't deserve to get what he got the first time around," Crider said.

Amy Paulding has a hard time swallowing that assessment. Her children still have nightmares from witnessing what happened to their dad, she said. John Paulding, now 31, has more than $800,000 in medical bills. The family worries about what will happen when Maier gets out.

"It's not enough time to me," she said. "It's really not."

Colleen Jenkins covers courts in west Pasco County. She can be reached in west Pasco at 869-6236 or toll-free at 1-800-333-7505, ext. 6236. Her e-mail address is cjenkins@sptimes.com

[Last modified November 3, 2005, 01:07:13]