FORT LAUDERDALE (CBSMiami) – A sentencing date has been set for Wayne Treacy, convicted in July of attempted first degree murder in the near fatal beating of Josie Lou Ratley two years ago which left her with permanent brain damage.

Wednesday morning, a judge set Treacy’s sentencing for October 12th.

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Treacy’s mother was in court but didn’t talk to the media.

Treacy attacked Ratley on March 17th, 2010 at the bus stop in front of Deerfield Beach Middle School after a heated exchange of text messages. Treacy kicked and stomped Josie Lou Ratley’s head while wearing steel toed boots. Both were 15-years old at the time.

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Treacy never denied he did it. He claimed he was suffering from post traumatic stress disorder brought on by seeing his brother’s body hanging from a tree when he committed suicide 5 months earlier. He said he went into a rage after a heated text message exchange with Ratley boiled over when she brought up his dead brother.

Treacy’s attorneys had argued his mental illness was so acute that he was legally insane and not only did he suffer from PTSD, but when the attack happened he didn’t even remember it until someone told him afterwards.

Treacy faces up to 50 years in prison when he’s sentenced.

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