Cody Posey

Background

Cody Posey was a New Mexico teenager who was born October 9, 1989. In 1992, when Cody was 3 years old, his parents Delbert Paul and Carla Burst filed for divorce. The divorce led to an acrimonious custody dispute that lasted 8 years. Delbert remarried with Sandy Paul during that period, and she and Cody had a good relationship. Cody’s father divorced Carla Burst in 1998. Cody’s custody dispute ended in 2000 when Delbert Paul, more commonly referred to by his middle name “Paul,” surrendered his parental rights to his ex-wife. Carla gained full custody, but it lasted only a few short months.

Carla was fatally injured in a car accident. Cody was returned to his father, who had remarried with Tryone Schmid. Cody, his father, and new stepmother and step-sister lived in a ranch owned by newsman Sam Donaldson in Chavez Canyon, New Mexico. In 2001, Donaldson hired Paul Posey to care for the ranch. Cody also gained a younger step-sister, Marilea, who was approximately one year younger than he.

The offence

On Monday July 4, 2004, Cody Posey “snapped” after enduring years of abuse from his father when his father slapped him across the face for not cleaning the horse stalls fast enough.

According to Cody Posey’s defense team, prior to the murder Cody was burnt with a welding rod and instructed by his father to have sex with Tryone. Cody told sheriff’s deputies that he refused and ran off the property but returned later.

The next day, after being slapped, Cody took a gun from his step-sister’s saddlebag and loaded it. He went inside the house where Tryone Posey was reading a book in the living room and shot her twice in the head. Cody confessed that he shot her a second time to make sure he got the job done. The first shot was actually snake shot. Cody thought he unloaded the snake shot in favor of more lethal ammunition.

Paul Posey, hearing the shots, ran inside and Cody also shot him to death. Cody then pointed his weapon towards Marilea, who was behind Paul, shooting her in the head for fear that she would be the one to turn him in.

Cody dragged the bodies out of the house and loaded them into the bucket of a John-Deere backhoe. Cody admitted he attempted to bury them in a nearby plot of land, but after not being able to break the ground he buried them in a shallow grave in a manure pile.

After the murders, Cody changed clothes and drove his father’s truck to the store for a can of Sprite. He then drove to a friend’s house and stayed there until his arrest.

Cody later stated in a videotaped police statement that the shootings occurred after an argument in which his father slapped him over cleaning the horse corrals. He also stated that the night before the killings his father tried to make him have sex with his stepmother. The defense attempted to corroborate the claim with evidence of “incestuous” pornography on his father’s computer.

Cody said he retrieved his sister’s .38-caliber revolver, emptied it of snake shot, and reloaded it with live rounds. He then entered the family’s home and shot Tryone first so she would be unable to call authorities. As his father and stepsister came running into the house, Cody shot them, shooting Marilea twice in the head, “so she wouldn’t go tell or nothing.” He buried the bodies in a shallow grave of manure.

Investigation

Sam Donaldson could not reach his employee Paul Posey on the phone the following Tuesday. Donaldson and his wife drove out to the Posey ranch. Donaldson entered the house and discovered congealed blood by the refrigerator where Cody shot Paul in the head as he came through the door. Donaldson immediately called a friend and law enforcement officer to investigate.

Cody tossed the murder weapon, described as “.38 special,” in the river. It was not until after Cody confessed to the killings that the bodies were uncovered in the manure pile.

Trial

The trial began January 16, 2006. Sam Donaldson described Cody Posey as “withdrawn, like any typical teenager”. Another witness, Robert Sibbles, stated that Cody’s disciplined and overly scheduled life involved sadism, humiliation, and isolation, which “did not allow for any kind of outlet.”

The prosecution contended that Cody’s actions showed he was aware murdering his family was a crime because he planned the orders of the killings so he would not get caught. The prosecution said he shot Tryone first so she would not be able to call 911 because she was inside the home.

Various witnesses testified for Cody that Paul Posey was abusive and cruel to Cody. They said Paul frequently punched or slapped the boy. They said Paul gave Cody various chores around the ranch that had to be done quickly. Cody’s biological mother once reported him for child abuse after Paul beat Cody with a board on the buttocks for bringing home bad grades. The defense suggested Tryone was also into the abuse.

Marilea was favored by the couple over Cody and was instructed by Paul and her mother to keep tabs on Cody in school.

Cody’s defense attorney, Gary Mitchell, did not deny that Cody murdered the family. He suggested the murder happened as a result of years of abuse and dissociation. The defense brought in evidence of incestuous pornography found on Paul Posey’s computer, which was described as the only computer in the home with access to the internet. The defense said Marilea’s and Cody’s computers did not have the internet, and that the times that sites were visited the children were away at school.

The prosecution claimed the child abuse claims were exaggerations and portrayed Cody as a cold-blooded killer who wanted to be rid of his family because they made him do chores and perform well in school. The prosecution submitted family photos to counter the defense’s notion that Cody was not loved or included in family events.

Robert Sibbles said Cody’s life involved sadism, humiliation, and isolation and “did not allow for any kind of outlet.”

Sentencing

On Tuesday February 7, 2006, Posey was convicted of first degree murder in the death of his stepsister, second degree murder in the death of his stepmother, and voluntary manslaughter in the death of his father.

He was also found guilty of four charges of evidence tampering. The trial described the jury as consisting of seven women and five men who deliberated 12 hours before reaching their verdict and left the courthouse without commenting. Although Cody was tried in children’s court, 12th District Judge James Waylon Counts could sentence him as an adult for the murder convictions. The trial described that first-degree murder carried a maximum life sentence with parole in 30 years, and second-degree murder carried a 20-year maximum.

Cody was sentenced as a juvenile to be detained until he was 21 years old, with the possibility of parole after 40 days. The sentencing described Judge Counts as sentencing Cody as a juvenile and keeping him in the custody of juvenile authorities until he reached the age of 21. It described that he could be released on parole in as little as 40 days from the day he was sentenced.

A statement after the verdict included that Verlin Posey, brother of victim Paul, said he felt the verdict was a compromise but was pleased that his nephew would remain locked up and that he never detected signs of an abusive relationship between his brother and nephew. Verlin Posey said:

"One lifetime in prison is a pretty small debt for three"

Cody’s defense lawyer Gary Mitchell said Cody was unprepared for the verdict. Mitchell said:

"Children never expect horrible things to happen. He thinks there's some sort of sense of justice in this world,"
"We put the blame on a 14-year-old for the sins and omissions of the adults,"
"This could have been prevented if those adults who stood by came forward, yet we expect him to act with greater courage."

Appeals

Outcome

Cody Posey was released October 10, 2010 after being detained as a juvenile until he was 21 years old.

Aftermath

On September 25, 2006, Cody was named in a wrongful death lawsuit filed by Miami attorney Jack Thompson on behalf of the surviving Posey relatives. The lawsuit also named Grand Theft Auto creator Rockstar Games, publisher Take Two Interactive, and PlayStation 2 manufacturer Sony. The lawsuit alleged Posey was trained by the video game GTA: Vice City to be more aggressive and a more efficient killer.