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Loading ...Judge refuses to delay hearing in Lawrence King murder
03.18.2009 12:45pm EDT
(Oxnard, California) A move to delay the preliminary hearing of Brandon McInerney, the 15-year-old accused of killing gay classmate Lawrence King, was rejected Tuesday.
McInerney’s attorneys are fighting to have the case moved from adult to juvenile court. The issue is now before the California Supreme Court after being rejected by the trial judge and an appeals court.Ventura County Superior Court Judge James Cloninger dismissed the motion, saying the case needed to more forward.
A preliminary hearing determines whether the prosecution has enough evidence for the case to proceed to trial.
Cloninger noted that since the hearing would not determine guilt or innocence, there was need to delay the proceedings. He ordered both sides in the case to be on 24-hour call and fully prepared for the hearing to begin as soon as a courtroom is available.
King, 15, often dressed in a feminine manner and told friends that he was gay. He was shot in the head during a morning class at E.O. Green Junior High in Oxnard in February 2008. More than 20 other students were in the room at the time. McInerney was arrested shortly after the shooting.
King died in the hospital after doctors declared him brain dead and his mother agreed to have life-support removed.
McInerney, who turned 15 last month, is charged with first-degree murder and a hate crime.
Last month in court papers, the prosecutor’s office said McInerney has a “racist skinhead philosophy” and that without saying anything he shot King in the back. When King fell to the floor, McInerney got up and fired a “second, coup de grace” shot into the back of King’s head.
The prosecution also said that white supremacist materials had been found by investigators in McInerney’s bedroom.
They included hand-drawn sketches of swastikas, references to the ‘14 Words’ and the number 88, which is commonly used by skinheads to represent the words Heil Hitler and Hitler’s SS.
If convicted he could be sentenced to 51 years to life. If he were convicted in juvenile court the sentence would be much shorter.
Last month, King’s family filed a wrongful-death lawsuit accusing the school, an LGBT rights group, and a shelter of failing to protect him.
The suit claims that E.O. Green Junior High School, and the Casa Pacifica shelter for troubled children where King had been living knew that his behavior was “sexually assertive” but that neither took action.
It also alleges that the shelter gave him “cross-dressing clothes and makeup and women’s boots.” The lawsuit additionally claims that the Rainbow Alliance encouraged the teen to make the sexual advances which led to his death.
I THINK THE KID SHOULD BE TRIED AS AN ADULT AND GET THE 50 YEARS HE DESERVE! THE FACT THAT THE FAMILY WANTS MONEY IS BESIDES THE FACT. ONLY MONEY THEY SHOULD WANT IS FUNERAL COST ANYTHING ELSE IS GRAVY! IT IS BULLSHIT TO THINK THAT THE BOY SHOULD BE EXCUSED OF THE FACT OR GET A LESSER SENTENCE. WHEN HE GETS OUT HE WILL BE IN HIS 60s. KING WILL NEVER COME!
Regardless of why Larry lived in a shelter, I can’t see how this lawsuit could move forward. I read the posts below and some people imply it should because the shelter and LGBT group did not help him “tone it down” and “support his way of life.” OMG, so your saying because he was trying to live the way he wanted these groups own that. Honestly don’t we all want support to be who we are and live freely. I don’t get it!
The parents should not get a dime as far as I am concerned.
“Just in case anyone didn’t hear it, the father of the boy who shot Larry King was found dead today. Another sad part of this story.”
Actually it’s not.
I don’t believe that anyone should be blamed for the death of Lawrence King but the one who shot him.
King should not have mad advances toward a straight student, but should be able to wear what he wants.
Either way, it is not an excuse to be killed.
The focus should be concentrated on the murderer.
Not people that “could have prevented it”.
JT Hi. Was the old man’s death by his own hand or natural causes? Inquirering minds want to know and we’ll never find out on this site, although we do now know inportant stuff… like Rachel has an aversion to warm booze!
jessica t & Josh Elder Hi there! FYI Larry was removed from his home AGAINST his parents wishes when he made a complaint(so far as I know, unsubstantiated) of abuse against his father. He was “in the care and custody” of the county child welfare who put him in the shelter. The parents begged the shelter to make him tone it down, apparently to no avail. I think all of these do gooders should not only be sued in civil court but tried in criminal court for endangering the welfare of a MINOR. I’ve said this many tims in regards to this story. His mother had to decide to pull the life suppport on her brain dead son, shot in the head in his classroom. No mother should have to do that! She can sue whoever she damn well pleases and I hope they win big, REAL BIG>
I can’t believe that people are still calling for this monster to be treated as a child. He is not a child. He is an abomination of what could have been a good human being.
Make no mistake. This was no accident. This was cold blooded and calculated murder. (Nothing more and nothing less.)
When he pulled the trigger and ended the life of an innocent, he forfeited his life. I hope that he is very, very, very old before he ever sees anything except a prison cell.
Just in case anyone didn’t hear it, the father of the boy who shot Larry King was found dead today. Another sad part of this story.
I have to agree with Jessica. I had no clue that Larry lived in a shelter and not with his family, which shows his family wanted nothing to do with him. Why any judge believes his family deserves anything from his tragic death is beyond me.
This is so tragic. If they try him in juvenile court, it will be 2 children’s lives lost to homophobia and ignorance and neglect by adults, one in death and one in 50 years behind bars. In this country, 14 and 15 year olds are not yet adults. They cannot vote or enlist or rent a hotel room for good reasons. This hate crime should only have 1 victim.
Wait a minute,
“Last month, King’s family filed a wrongful-death lawsuit accusing….. and a shelter of failing to protect him.”
So they threw him out of the house and he wound up at a shelter to find refuge and a place to stay that was accepting of him so he could continue his schooling when he was a MINOR.
The family doesn’t deserve crap. They should be brought up on charges of endangering a minor/childs wellfare and child abandonment.
They wanted nothing to do with Larry now they want to profit off his death? Frack That!