Last year over Labor Day weekend, authorities found Metzker-Madsen’s foster brother, 5-year-old Dominic Elkins, deceased in a wooded ravine. Metzker-Madsen,  who was 17 at the time, said the two were “playing bricks” on Aug. 31, 2013, outside their rural home north of Logan, according to court documents. An autopsy determined the boy died as a result of blunt-force head injuries and drowning.

During a competency hearing in April, psychiatrist Dr. Arnold Andersen said Metzker-Madsen exhibited symptoms of attention deficit hyperactivity disorder, oppositional defiant disorder and fetal alcohol syndrome. His mother, according to Andersen, used methamphetamine while pregnant with Cody. Psychologist John Bayless said at the hearing that Metzker-Madsen had mental problems, but that did not mean he could not understand the seriousness of the matter or could not participate in his own defense. Both described Metzker-Madsen as unemotional about his situation.

Metzker-Madsen’s foster family has said he was developmentally similar to a 5-year-old. Don and Julie Coolman were both boys’ foster parents. Fourth District Judge Kathleen Kilnoski ruled Metzker-Madsen was competent to stand trial. In May, she denied a motion by the defense to try Metzker-Madsen in juvenile court. Metzker-Madsen waived his right to a jury trial, which means a judge will make the final ruling. He pleaded not guilty to the charge and is being held at the Harrison County Jail in Logan.

In Iowa, a first-degree murder conviction carries an automatic life sentence. In 2012, the U.S. Supreme Court banned automatic life sentences for juveniles. Metzker-Madsen was a minor when the alleged incident occurred. However, the Iowa Supreme Court followed that ruling with one that requires judges to consider whether teens can be rehabilitated.