A Smithville man may spend the rest of his life in prison for the beating death of his girlfriend’s 23 month old son last year.
25 year old Cody Ryan Key appeared in Putnam County Criminal Court today (Thursday) and entered a plea under a negotiated settlement to second degree murder in the death of Colten Alexander May and received a sentence of 45 years. Because of the nature of the crime, Key’s sentence will be a 100% term not to be reduced below 85% . The sentence is outside the normal sentencing range for Key as a Class A felony based on his criminal history. He will receive jail credit of 563 days for time served from May 19, 2015 to December 1, 2016.
Key was due to stand trial next week in DeKalb County Criminal Court on charges of first degree (felony murder) and aggravated child abuse.
He and the child’s mother, 20 year old Jessica May were indicted by the DeKalb County Grand Jury in May 2015. May’s charge of aggravated child neglect is still pending but she is expected to enter a plea under a negotiated settlement soon.
According to District Attorney General Bryant Dunaway , the child was brought to the hospital by the couple Sunday morning, May 17 2015 but he was already deceased. The youngster was found to have internal and other physical injuries to his body. Key is alleged to have inflicted the injuries. May is accused of having known the abuse had been taking place.
“At approximately 3:11 am Sunday, May 17, 2015 Smithville Police Sergeant Travis Bryant and Officer Joey Myers were dispatched to the emergency room of Saint Thomas DeKalb Hospital in reference to a possible child abuse resulting in the death of a two year old child. Investigating officers deemed the death to be of a suspicious nature,” said Captain Steven Leffew. ” I was notified along with Lieutenant Matt Holmes and Detective Brandon Donnell . Additionally District Attorney Bryant Dunaway and investigators from the District Attorney’s office and the Tennessee Bureau of Investigation responded,” he said.
“The child suffered great injuries and as a result the child died,” said D.A. Dunaway.
The case was investigated by the Smithville Police Department , the Tennessee Bureau of Investigation, and the District Attorney General’s Office.
“We presented the case to the DeKalb County Grand Jury (Tuesday, May 19, 2015) related to the death of the child,” said D.A. Dunaway. ” Over the weekend, May 17 2015 the child was brought to Saint Thomas DeKalb Hospital by the child’s mother and her boyfriend. The child was deceased at the time of arrival. We believe the child was killed by the boyfriend late Saturday night, May 16 or early Sunday morning, May 17 in their home where they resided together. We believe the child died based upon physical injuries to the body and internally which were inflicted by the boyfriend,” he said.