Subscribe to Breaking NewsWithers: McInerney appeal rejected by CA Supreme Court
California’s highest court refused to look at an appeal by Brandon McInerney’s lawyers. The attorneys wanted the Court to examine why the 15 year old is being tried as an adult.
McInerney is charged with the murder of his classmate, Lawrence King. King, who told friends he was gay, was writing an assignment in a classroom at E.O. Green School in Oxnard, California, when McInerney allegedly gunned King down.
“They basically kicked it out of court without addressing the merits of that particular issue,” said attorney Robyn Bramson. The suspect’s attorney noted he would raise his argument again 30 days before trial—a preliminary hearing is set for May 4.
Ever since this crime was committed over a year ago, there has been a lot of heat on if McInerney should be tried as an adult or juvenile. The arguments for adult treatment are persuasive. King’s death wasn’t due to some youthful prank or tragic mistake. The suspect brought a gun to school and blew King’s brains out. Why? Because the kid was gay. If that isn’t the crime of an adult then there is no such thing.
I get the argument; however, I can’t let go of McInerney’s age. He was barely 14 when he allegedly shot King. If he were closer to 18, maybe I could let go of the discomfort of him being treated like an adult (maybe), but 14?
I don’t know. I don’t know.
This kid sounds like he had a rough life. A father who shot his mother. I can just imagine the hell that was his home. That being said, there is no excuse for what he done. I was a troubled youth, but I never was violent, never hit people. This kid took a human life. We only get 1 ride through this, and him being sent to prison for the rest of his life, is still a better deal then what his victim received.
Wow. Reading the comments below, I wonder if this story is multilayered with subplots from a religious organization, child abuse, and more! I just wonder, when we will plan for tomorrow’s outcome instead of rushing for tonight’s action?
We are speaking about a minor. One who has not been emancipated through the courts, and one who is by state and federal law a minor because he is under 18 years of age. We have flawed systems. The systems of pre-determinate maturity and the penal system are not functioning adequately. We all know that a person can die for their country three years before they can drink. And we know that by imprisoning this child, he will have an increased probability of becoming a repeat offender in the future.
I would like this child to become a functioning citizen. Punishing this child by imprisoning him to a probable life of revolving correctional facilities will not bring King back to his parents.
So I look forward to when we can strategically plan ahead and not act now irrationally.
Murder is murder. This child was socialized in hate and is a product of it. While I feel for him … he took a life and he must pay for it as well as he can even if he can never repay enough to fill that debt
Make an example out of the little bastard!
I think we would all be incredulous if someone suggested that a teenager wasn’t aware that murder was both wrong and a punishable crime.
The incomplete development of the frontal lobe of teenagers has been raised, I suspect by more than one person. This doesn’t so much limit kids ability to know something is wrong as it limits the ability to control impulses. While admittedly I am speculating, he almost certainly understood his actions to be criminal, but he likely had less ability to control those impulses than an adult. I think we all also suspect that he had been taught to believe that violence against inferior (here gay and/or transgender) people wasn’t as bad as other forms of violence.
I am not actually interested in either of those arguments. Even assuming the issues with brain development to be accurate, we don’t at this time understand the influence environment or personal choices have in this matter. And considering that some children have greater impulse control than others, we really don’t have a good way to determine who should have good control vs. those who are at a biological disadvantage. And arguing about what he was taught is too close to the “gay panic” defense for me.
Yet still, he is a young child. As another commenter has said, we would not allow him to act or be treated as adult in any other situation good, bad or indifferent.
The juvenile court system was set up long before there was any serious understanding of the differences between adults and children. Yet as a whole we agreed that there was an important difference between adults and children. And that children could not act with the same level of responsibility as adults. It may not be 100% accurate, but we agreed that 18 was a reasonable way to separate the two classes for most people.
I am reluctant to hold someone responsible for not controlling himself and abiding by the law if we are going to do it in a manner that shows our own unwillingness to control ourselves and abide by the rules.
Of course he needs to be sentenced. Hopefully it will involve rehabilitation so that he won’t be a reoccurring problem or financial drain on society. And yes, the vileness and needlessness of the crime demands that society has a continuing interest in monitoring his actions and development. But I don’t believe it is necessary to try him as an adult to accomplish any of those things. Also, as I suggested before it strikes me as not abiding by our own rules when we randomly decide to prosecute certain children as adults.
I do not care how old he is, if he can bring a gun to school to kill; he should be treated as an adult. What if that was your kid or brother. I feel that people in this country are a joke sometimes. Land of the free, but we are not free. We are not allowed to be who we are, we are not allowed to say what is on our minds. We are not even allowed to be with the person that makes us happy. It don’t matter if we are gay or not this is just the kinda place we live in. I think that it is sad we can’t be happy in front of some, and that we have to act like something we are not.
Regardless of age, an “individual” should be tried as “individual.” Was he aware of what he was doing? Did he go after another living being with malace intend? Was he aware of the possible outcome of his actions? … To say someone is “junvenile” or an “adult” should solely be determined by the mental status and capabilities of that person. This is “categorising” a person based on age alone.
There are those of us who mature more quickly than others mentally, physically, spiritually … and those that, for whatever reason, mature at much slower rate wether it be from educational status, geographical location, psychological make-up …
…bottom line is that society (once again) is trying to force this circumstance into a category, to separte and limit the outcome of this individual’s actions. Again, regardless of his age, was he aware of what he was doing at the time of his actions? If so, determine at that time what society is going to do about his actions. Education, understanding and listening are good starts …