Mistrial declared in US gay student killing case

Larry King / Personal Photo

LOS ANGELES - A judge on Thursday declared a mistrial in the case of California teen accused of murdering a gay classmate at a Ventura County junior high school three years ago.

Jurors told Ventura County Superior Court Judge Charles Campbell they were unable to reach a unanimous decision on the degree of Brandon McInerney's guilt for killing 15-year-old Larry King. The nine-woman, three-man panel said they took a series of votes with the last one being seven in favor of voluntary manslaughter, while five others supported either first-degree or second-degree murder.

The panel had deliberated since last Friday. King's family declined comment as they left the courthouse.

Prosecutors now have to decide whether to re-file murder and hate crime charges against McInerney, now 17, who was tried as an adult.

Both sides in the case agreed that Brandon McInerney took a .22-caliber handgun to school on Feb. 12, 2008, and shot King twice in the back of the head during a computer lab class in front of stunned classmates.

Ventura County prosecutor Maeve Fox contended McInerney, then 14, embraced a white supremacist philosophy that sees homosexuality as an abomination. Police found Nazi-inspired drawings and artifacts at his house, and a white supremacist expert testified the hate-filled ideology was the reason for the killing.

Jury stuck in murder of gay middle school student Larry King trial

Fox also argued the attack was premeditated, noting at least six people heard McInerney make threats against King in the days leading to the shooting.

She said McInerney told a psychologist hired by defense lawyers that he wanted to kill King after he passed McInerney in a school hallway and said, "What's up, baby?"

"He's basically confessed to first-degree murder in this case," Fox said during her closing argument.

Defense attorneys acknowledged McInerney was the shooter but explained that he had reached an emotional breaking point after King made repeated, unwanted sexual advances. McInerney snapped when he heard moments before the shooting that King wanted to change his name to Latisha, the lawyers said.

The defense psychologist said he was in a dissociative state -- acting without thinking -- when he pulled the trigger at E.O. Green Junior High School in Oxnard.

McInerney's lawyers also said he suffered physical abuse at home from his father, who has since died, and didn't receive the proper supervision that would have kept him out of trouble.

"He is guilty and he should be held responsible, but he is not a murderer. He is not a white supremacist," defense attorney Scott Wippert said during his closing argument. "He is a 14-year-old child who didn't know what to do and had no one to guide him."

McInerney did not take the stand during the nine-week trial.

The school administration has been accused of being more concerned about defending King's civil rights than recognizing that his behavior and what he wore -- high heels, makeup and feminine clothing -- made other students uncomfortable.

The shooting roiled gay-rights advocates and parents in Oxnard, a city about 60 miles northwest of Los Angeles. They wondered why school officials hadn't done more to stop the harassment against King by students, including McInerney.

The case labored in the court system for more than three years as McInerney's lawyers sought numerous delays. Campbell was eventually persuaded to move the trial from Ventura County to neighboring Los Angeles County because of extensive news coverage that threatened to bias jurors.

King's family sued the school district for failing to protect their son. The lawsuit is pending.

[funinsnow]

There should be a pleabargain. No, there was no excuse for Brandon McInerney to shoot & kill Lawrence King but there's comprehension into why it happened. Lawrence King harassed other boys in the bathroom & there's 1 accusation that Lawrence King exposed himself.

When the boys reported Lawrence King harassing them in the bathroom to teacher Jill Ekman, the lesbian vice Principal Joy Epstein overrode her-this was days before the killing. Yes, getting shot twice & killed is the punishment not fitting the crime & Lawrence King is a crime victim. But Lawrence King was not innocent. Some people score this defense as 'gay panic' but I call it the gay abused me reaction. If a man were to harass women, pinch their butts or boobs against will, the man would be in jail & plenty of men in jail for it. Also many men have been bashed or some cases killed by a woman's husband or boyfriend after the woman complained about the man harassing or abusing them.

So if a gay is going to adopt anti-social conduct such as harass others or commit assault&battery such as grab a man's butt or groin against will & the man reacts by bashing or killing the ****, then while it maybe disprportionate, it's disproportionate reaction to a crime the gay committed. In this case, Brandon McInerney disproportionately reacted to Lawrence King harassing him. So many have shown hatred for Brandon McInerney, yet so many don't care about Lawrence King's anti-social conduct & the principals tolerance of this which caused this. Of course, it doesn't excuse getting killed, but when you don't care about sexual harassment, cases like this can happen.

[jreese7]

The United States criminal Justice system is comical. We need new Judges, new DA'S Professional Jurors and new updated Law's!

[Arouete]

Ah yes, the newer more twisted version of the "Twinkie defense" "The ***-made-me-do-it" defense. "He taunted me..... He deserved it. I'm just a kid. I can't help it if I am baited. I just happened to have this gun in class and I don't know what came over me. Let me go & I promise I'll never kill another one .... till the next time" WE HAVE HEARD IT ALL BEFORE.

The D.A. should re-try the case! The only thing more disgusting and demented than the crime are the twisted commentator pond-scum who hide under their anonymous rocks as they thump the blood-soaked book of a Bronze age nomadic tribe.

[cherrybrown]

Strange that this article did not cover more of the sexual harassment that was occuring toward McInerney BY King. It was well documented that King singled out McInerney to taunt. McInerney was obviously very disturbed by King and complaints were made to the school by more than one child that King was making sexual comments, gestures and advances to other boys. This does not excuse McInerney but there is more to the story then this boy simply walking up to King and killing him. This went on for a long period of time and should have been addressed.

The school should be sued by McInerney's family. King was sexually harassing other male students and the school was so busy serving the liberal agenda that McInerney's rights to be safe and NOT sexually harassed were ignored. If the school had done its job and taken care of ALL students instead of just appeasing this one students "rights" this would never have happened.

[bma83]

NO! It was NOT "well documented that King singled out McInerney to taunt." You are a sad soul to even say that. What in the world is wrong with you? If you actually followed this case then you would know that King was the one who was teased by McInerney. Witnesses said King was usually not the aggressor. But after months of teasing by McInerney and other male students who called him "******," he had began to fight back, he got tired of it! Just about everybody made fun of that poor kid. Some of the students who testified stated that, "Everyone would talk about Larry and laugh." and "...people would call King derogatory names behind his back." Why? Because the kid wore makeup. And guess what? Numerous students testified that they never saw King make sexual advances to other students. SO GET YOUR FACTS STRAIGHT!

I find it odd that you say, "This does not excuse McInerney..." becasue that is exactly what you are doing. I truly hope you don't have any gay children. Your defence of McInerney and your conclusion that the school was appeasing one students because he had the RIGHT to wear girls clothes only shows that you are nothing but a bigot.

[sentpacking]

So... by your logic, any girl who has been the subject of unwanted attention from a boy can just shoot him in the head. STOP BLAMING THE VICTIM. I don't care how uncomfortable you are, if you tell at least six people in the days preceding that you're going to kill someone, then bring a gun and sit behind them, then wait for half a class, then shoot them twice in the head point blank, YOU ARE GUILTY OF PREMEDITATED MURDER. Period.

[sweetcakesmaria]

He plotted to kill this guy and mentioned his plot to six other people days before he actually killed the guy. Shot the guy twice in the head execution style. What more do you need for it to be murder? Because he was only 14 at the time he did the killing, some of those women on the jury probably viewed him as an innocent child when they should have been just looking at the evidence in the case. You put weak overly sympothetic people on a jury and they look at the person that committed the crime instead of looking at the evidence against him.

[jcnbma]

"He is a 14-year-old child who didn't know what to do and had no one to guide him."

B*LLSH!T. He knew exactly what he was doing and he should go to jail for a LONG time. This kid was gay and/or transgender, so his life is apparently expendable.

[imnotimportant]

Dear Imthaid2

What about obesity? Where ever the bible condemns of sodomy, it condemns gluttony. And what about rich people?

How about people who commit adultery? Or get divorced and remarry?

[Dingel1977]

The bible does not condemn being rich, actually. There is nothing wrong with being successful in business. Loving money (specifically to the point where it gets in the way of your relationship with God) is condemned, but not being rich.

[AprilRL]

To Dingel1977: In truth, the bible does condemn being rich. "It is easier for a camel to go through the eye of a needle than for a rich man to enter the kingdom of God." - Matthew 19:24

[AnnieDanny]

It seems that when the Prosecutors give juries too many options, they can't make a decision. Maybe the Prosecution should learn to keep it simple, there might be better results.

[jcnbma]

You don't understand the judicial system. If he was charged with 1st degree murder and the evidence didn't back it, he's get off scott free. Manslaughter provides another option in that case. This kid is guilty of MURDER. And he will kill again.

[Imthaid2]

Homosexuality is no better than pedophilia. They are both sexual deviants. Why are we being forced to accept homosexuals? Will we be asked to accept pedophiles next? How about people who molest animals? There is NO difference.

[jcnbma]

You're not being forced to accept anything. So go on your merry bigoted way and leave the rest of us sane folk alone.

[dasilvak]

exactly. as for jcnbma, why does Imthaid2 need to go on his merry 'bigoted' way? for speaking his mind? and you don't like how he thinks? that's just as bad as Christians condemning people due to homosexuality. So, everyone is okay until they go against your way of thinking...then they are bigoted. if 20 people were in a room and they all thought like this guy & u were in the room as well, you would be the one who would be wrong. and vice versa. if you are going to condemn someone for not thinking like you, do it with sound facts & a good reason why they are supposedly wrong. not because they don't think like you.

[rwsmith29456]

"Both sides in the case agreed that Brandon McInerney took a .22-caliber handgun to school on Feb. 12, 2008, and shot King twice in the back of the head." But he may not be guilty of murder because he was in a 'dissociative state' (which can be said about anyone who kills someone else). So part of the jury says that it's not murder to kill someone that makes you 'uncomfortable' and that it's ok to decide who is an abomination and make the decision to kill them. Then why not let everybody go kill the abomination of their choice? The kid better be glad that I wasn't on the jury.