Attempted murder is not considered what's called a “3G offense,” basically a very violent crime, usually involving a weapon. Offenders serving time for non-3G offenses are eligible for parole when their time served plus good conduct time equals one-fourth of their sentence. 3G offenders must serve at least half of their time.
Murder is a 3G offense, so Travis County Assistant District Attorney Joe Frederick tells KXAN prosecutors assumed attempted murder was as well, when they decided on the attempted murder charge. Moen was initially charged with attempted murder and aggravated assault with a deadly weapon, which is a 3G offense. But prosecutors waived that charge when they chose to prosecute on the attempted murder charge.
“People make mistakes and sometimes you think logic is going to overrule,” said Katie. “I don't understand how attempted murder is not seen as a serious crime, and I feel like that's a complete flaw in this 3G system.”