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 Arraignment Delayed In Gay Teen Murder Case
by 365Gay.com Newscenter Staff
Posted: May 9, 2008 - 10:30 am ET
(Oxnard, California) The arraignment of a 14-year
old charged with murder in the shooting of a gay classmate has been postponed
until June so that his lawyer can prepare a motion challenging the
constitutionality of charging the youth as an adult.
Brandon McInerney is charged with murder as a
hate crime in the February 12 shooting of 15-year old Larry King (pictured), in
a classroom at E.O. Green School in Oxnard.
The district attorney is prosecuting McInerney as
an adult.
Under California law, if he is convicted as an
adult McInerney could be imprisoned for 50 years to life, plus an additional three-years for
the hate crime provision. But, if convicted as a juvenile he would have to be
freed when he reaches the age of 25.
McInerney appeared in court Thursday with his
attorney William Quest. He was ordered to remain in custody in a youth detention
center while the motion is being prepared.
Ventura County Superior Court Judge Kevin McGee
set the arraignment for June 12.
"The fact that we think that Brandon should
be tried as a juvenile doesn't diminish the tragedy that happened on February
12," Quest told reporters outside the court.
Quest said that the shooting occurred less than
three weeks after McInerney turned 14. If the shooting happened while he
was13 he could not be tried as an adult.
Several classmates have said King would wear
feminine attire, making him an unpopular figure with other boys at his campus.
Quest, in an earlier interview with the Los
Angeles Times said that some of the blame for the murder must rest with the
school. He told the paper that while the school allowed King to explore his
sexuality it did nothing to quell the unrest among other students.
"Brandon is not some crazed lunatic," Quest told The Times. "This was a
confluence of tragic events that could have been stopped. If there is partial
blame in other places, let's not throw away Brandon for the rest of his
life."
King was shot in the head during a morning class.
More than 20 other students were in the room at the time. McInerney was arrested
shortly after the shooting.
King died in hospital after his mother agreed to
have life-support removed.
Last month a coalition of 27 LGBT rights groups
calling on the district attorney not to prosecute McInerney as an adult.
"The facts in this matter seem clear: one
boy killed another in a climate of intolerance and fear about sexual orientation
and gender expression. The alleged perpetrator, who turned 14 years old less
than three weeks before the shooting, should be held accountable for his
actions. But we support the principles underlying our juvenile justice system
that treat children differently than adults and provide greater hope and
opportunity for rehabilitation," the groups said.
King was honored last month at schools across the
country as part of the National Day of Silence.
©365Gay.com 2008
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