Southern California teen sentenced for killing gay * student

Printer-friendly version

Author: 

Taxonomy upgrade extras: 

Remember Brandon King, the 15 year old shot in the back of the head in a computer lab 3 years ago?
This article still calls him 'gay', though Larry was portraying as female at school.

Southern California teen sentenced for killing gay student

By Greg Risling Associated Press
Posted: 12/19/2011 11:01:02 AM PST
Updated: 12/19/2011 12:04:34 PM PST

VENTURA -- A Southern California teenager was sentenced on Monday to 21 years in state prison for killing shooting a gay student in the back of the head during a computer lab class three years ago.

Brandon McInerney, 17, didn't speak at the hearing but his lawyer Scott Wippert said his client was sorry for killing 15-year-old Larry King.

"He feels deeply remorseful and stated repeatedly if he could go back and take back what he did he would do it in a heartbeat, Wippert said.

King's family said they couldn't forgive their son's killer.

"You took upon yourself to be a bully and to hate a smaller kid, wanting to be the big man on campus,'" King's father, Greg King, said on behalf of his wife. "'You have left a big hole in my heart where Larry was and it can never be filled.'"

In a deal reached with Ventura County prosecutors last month, McInerney agreed to avoid a retrial and to plead guilty to second-degree murder, as well as one count each of voluntary manslaughter and use of a firearm.

A mistrial was declared in September when jurors couldn't reach a unanimous decision on the degree of guilt. Several jurors said after McInerney's trial that he shouldn't have been tried as an adult.

Leading up to the February 2008 killing, teachers and students saw a dispute growing between King and McInerney, who shot King twice in the head in a computer lab at E.O Green Junior High School.

McInerney, then 14, had reached an emotional breaking point after King made repeated, unwanted sexual advances toward him and other boys, defense lawyers said. In the weeks leading up to the shooting, school administrators allowed King to wear heels and makeup because federal law provides the right of students to express their sexual orientation.

The case drew widespread attention because of its shocking premise and raised questions about how schools should deal with students and sexual identity issues. Comic Ellen DeGeneres, a lesbian, weighed in on her talk show shortly after the shooting and said gays shouldn't be treated as second-class citizens.
Because of pretrial publicity, the trial was moved from Ventura County to Los Angeles.

Prosecutors said the shooting in front of stunned classmates was first-degree murder and that McInerney should be punished as an adult. They argued the shooting was a hate crime, an aspect jurors rejected, after authorities found white supremacist materials in his home.

Defense attorneys, who unsuccessfully argued to keep the case in juvenile court, said it was voluntary manslaughter because McInerney lost control of his emotions. They said the teen was beaten by his father and was described as a bright student who lost his motivation.

King's father also blamed the school district for not doing more to address the brewing feud between the two teens and their son's flamboyant behavior.

"Instead of protecting him from himself and his poor impulse control, they enabled and encouraged him to become more and more provocative," Greg King said.

King's family and Deputy District Attorney Maeve Fox wore buttons with the teen's face on it, while some of McInerney's supporters wore powder blue wristbands that read "Save Brandon."

After serving nearly four years since King's slaying, with the additional 21 years McInerney will be released just before his 39th birthday.

His murder conviction will be stayed, and the plea deal calls for McInerney to be given the harshest sentence under California law for voluntary manslaughter -- 11 years -- and use of a firearm -- 10 years, prosecutors said. McInerney is ineligible for time served or good behavior because he pleaded guilty to murder.
*************************
The last paragraph seems a bit confused about McInerney's sentence. All of a sudden they are talking about a plea deal?

Comments

Plea deal

Quoting the relevant extracts:

In a deal reached with Ventura County prosecutors last month, McInerney agreed to avoid a retrial and to plead guilty to second-degree murder, as well as one count each of voluntary manslaughter and use of a firearm.

A mistrial was declared in September when jurors couldn't reach a unanimous decision on the degree of guilt. Several jurors said after McInerney's trial that he shouldn't have been tried as an adult.

After serving nearly four years since King's slaying, with the additional 21 years McInerney will be released just before his 39th birthday.

His murder conviction will be stayed, and the plea deal calls for McInerney to be given the harshest sentence under California law for voluntary manslaughter -- 11 years -- and use of a firearm -- 10 years, prosecutors said. McInerney is ineligible for time served or good behavior because he pleaded guilty to murder.

It's interesting the Prosecution's take on the Defence claim that "King made repeated, unwanted sexual advances" isn't mentioned - it's almost as though they're presenting that as fact rather than a claim which I would have thought would be open to dispute. Never mind the mention of heels and makeup suggests gender identity issues which appear to have been overlooked.

 

Find me on Google+ | Examine EAFOAB Resources

There are 10 kinds of people in the world - those who understand binary and those who don't...

As the right side of the brain controls the left side of the body, then only left-handers are in their right mind!

In other articles, closer to the time of the murder ...

King was cited as being transgendered some of the time, and gay in other articles. I wonder in this article, how much the AP writer actually knew, and how much he was just reporting from other sources.

Holly

It's nice to be important, but it's more important to be nice.

Holly