There was never any question as to who killed PJ Bourgeois. PJ's father admitted to acts of violence, Tracy Bratton admitted to acts, they both admitted to acts that contributed to his death. There was never any question as to how PJ died. It wasn't as though PJ's body was found up the road in a ditch. His lifeless body was found in his fathers home, beaten, bruised, bloody and lifeless. So why then could the prosecuting attorney's office not file murder one charges? Our great justice system at work again. 

In order to convict a criminal on murder one charges, the attorney has to be able to prove intent. Ok it's like this, we know they killed PJ, but can we prove that they set out to kill him. Even though they knew their actions could result in death, was that their intention? Did they kill him on purpose? The prosecuting attorney's office wasn't sure if they could prove that beyond a reasonable doubt in a court of law.

I don't think so either, so they settled with charging the couple with involuntary manslaughter and a host of other charges (felonious assault, endangering a child and kidnapping, due to the restraints). If convicted on all charges, the couple would face a century or more in prison. It was very unlikely the couple would actually receive the amount of time though. 

Due to legal wrangling, the prosecuting attorneys office made a deal with Bourgeois and Brattons attorney. The couple would plead guilty to the involuntary manslaughter charges if in exchange the prosecuting attorneys office would not take a position on something called "Super shock probation" after the two had served at least one year in prison. 

Another words, after serving only ONE year in prison for the torturing death of three year old PJ Bourgeois the couple could petition the judge for an early release. The prosecuting attorneys office agreed. They never thought for one second that a judge would grant either one of them super shock probation. It ended up allowing the couple to walk out of prison after only three years.