Because of the severity of the charged offense, the prosecutors in this case asked for, and apparently were within the scope of juvenile court rules to ask for, hard prison time if the juvenile defendant was found delinquent. But, yes, in this case the defense lawyers, who were no doubt expensive specialist defense lawyers, came up with a defense that convinced the judge to order a less harsh disposition for the case. A news report I saw[1] included this report about what a defense lawyer said after the case decision:
"'There is nothing the judge could have done to lessen the suffering for any of those families,' said defense attorney Scott Brown, CNN affiliate KTVT reported.
'(The judge) fashioned a sentence that is going to keep Ethan under the thumb of the justice system for the next 10 years,' he said. 'And if Ethan doesn't do what he's supposed to do, if he has one misstep at all, then this judge, or an adult judge when he's transferred, can then incarcerate him.'"
So it could be that the boy will still do prison time (which I personally think would be more just than the treatment disposition he has received so far). Some of the facts in another report about the case[2] are really stark. This boy was a disaster waiting to happen in his earlier behavior, and his parents appeared not to do much about that. That's just wrong. But the prosecutors had their one chance at trial to ask for a tougher sentence on the boy, and the trial court decision now cannot be undone to allow them to ask for a second trial to get tougher punishment. Nor can the parents be tried for anything under usual principles of United States law in this case.
[1] http://edition.cnn.com/2013/12/11/us/texas-teen-dwi-wreck/
[2] http://www.wfaa.com/news/crime/Defense-pushes-for-intensive-...
Perhaps civil suits, leveraging the criminal case argumentation, can approximate that outcome.
http://www.snopes.com/politics/bush/laura.aspHe's merely a parallel killer.
How can a community go on after this.