Too short for jail?

5'1 tall Richard Thompson was recently convicted of sexually assaulting a 12 year old girl, but instead of serving 10 years in prison he will serve 10 years probation in the comfort of his own home. The reason behind this bizarre verdict? His height. The Nebraska judge presiding over the case claimed that Thompson was too short to be placed in prison. This to me is crazy. Was the crime too small for jail time, or is this just a victory for child-molesting little people? If height's the big concern I'd say they could put him in juvie, but...nope, guess that won't work either.