ALAMOGORDO, N.M. — A judge committed Cody Posey to the custody of state juvenile authorities until he reaches age 21 — although he could be paroled in as few as 40 days — after ruling Thursday that prosecutors failed to prove that the mental disorder that led Cody to kill his family at age 14 is not treatable.

Cody, now 16, sat pensively and did not visibly react as District Judge James Waylon Counts rattled off the reasons he decided not to impose an adult sentence in a case that contributed to the ongoing national discussion about what society should do with juveniles who commit violent crimes.

Counts found that Cody, who shot and killed his allegedly abusive father, as well as his stepmother and sister, suffered from post-traumatic stress disorder and depression when he committed the July 5, 2004, killing in the family's home on ABC newsman Sam Donaldson's ranch.

According to defense witnesses, Cody likely suffered his stress disorder after witnessing the death of his mother in a highway car crash when he was 10 years old.

Members of Cody's mother's family applauded loudly when Counts descended from the bench. Paul Posey's brother, Verlin, showed no emotion and left the courtroom quietly as Cody's supporters cheered.

Story continues

"My decision is based on the law, not my personal whim, or tide of public opinion," said Counts, referring to the daily rallies in support of Cody outside the Otero County Courthouse.

Counts based his sentence on eight factors, weighing each against the other. He said he considered the seriousness of the crime, its aggressive and willful nature, the fact that a firearm was used, and other factors.

In the end, however, Counts said he arrived at a juvenile sentence and a recommendation that Cody be treated at a secure adolescent treatment center based on his belief that the teen does not exhibit the psychopathic traits prosecutors relied on to support their argument that he is not a candidate for treatment.

"The court is not convinced that the respondent has antisocial personality traits to the extent that would make him not amendable to treatment or rehabilitation," Counts said. "There is evidence that the situational nature of the violence makes it less likely that the respondent will pose a future danger to the public."

Cody's lawyer, Gary Mitchell, welcomed the sentence.

"It was a very courageous decision by a judge who paid attention throughout the whole trial and throughout the hearing," Mitchell said. "I applaud him for that."

Cody's stepmother, Sandy Schmid, said she was stunned and had not fully absorbed what happened in court.

"I don't know what to say. I had faith in God. He knew what happened," Schmid said. "[Cody] would be welcome in our home."

Jake Schmid, Marilea's father, said he was grateful to the judge and the large number of people who supported Cody.

"What we wanted for Cody was a chance, a chance to grow, a chance to be someone," Schmid said. "Judge Counts gave him that. Thank you ... I do not believe that Marilea would have wanted Cody to be punished. He was already and she knew that.

Prosecutors did not immediately respond to the sentence. Outside the courthouse, supporters of Cody lingered to celebrate and await television appearances to discuss the sentence.

"Glory to God! Praise to Jesus! That was my first reaction," said a jubilant Corliss Clees, Cody's maternal aunt. "I told [Cody] I loved him and I would see him soon."

Letter of the law

Counts, in essence, found that Cody snapped when he shot Marilea, Paul Posey and Tryone Posey. He did not specifically mention disputed allegations of years of abuse against Cody by his father.

"A disposition under the Children's Code does not find that the killings were justified. If the legislators want adult sanctions for every 14-year-old convicted of first-degree murder, they can change the law," Counts said.

Prosecutor Sandra Grisham interrupted Counts, suggesting that he amend his sentence to note that Cody will not automatically be confined until age 21.

"He will be eligible for parole after 40 days," she said.

Grisham also asked Counts to sentence Cody to life in prison without parole, but probate the sentence after Cody reaches age 21, ensuring he would remain incarcerated for at least five more years.

"The court has announced its sentence and will stand by its sentence," the judge responded.

Video of the ruling is available at Court TV Extra.