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Loading ...New push to move King murder trial to juvenile court
01.22.2009 9:12am EST
(Oxnard, California) Attorneys representing the 14-year-old accused of killing openly gay teen Larry King have asked a judge to dismiss the case and have it refiled in juvenile court.
The motion says a law allowing teens to be charged as adults gives district attorneys too much power – and in the case of Brandon McInerney, led prosecutors to ignore tensions between the two teens over King’s sexuality and to fail to take into consideration McInerney’s school and home life.Ventura County Superior Court Judge Rebecca Riley earlier this month rejected a defense motion to get files and documents from the District Attorney’s office showing how prosecutors determined that McInerney should be tried as an adult. That ruling is under appeal.
Judge Riley will hold a hearing on the latest bid to move the case to juvenile court on Jan. 26.
McInerney is charged with murder as a hate crime and will be tried in adult court. If convicted, he could be sentenced to 51 years to life. If he were convicted in juvenile court, the sentence would be much shorter.
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 an Oxnard school 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 hospital after doctors declared him brain dead and his mother agreed to have life support removed.
McInerney’s lawyers have said there were mitigating circumstances and the teen should not be tried in adult court.
“Someone like Brandon, who was barely 14 and had no juvenile record, should have gone before a juvenile judge, who would look at certain factors to determine whether he is suitable for rehabilitation,” defense attorney Scott Wippert told the Los Angeles Times.
“But the D.A. is saying, ‘I don’t have to explain myself to anyone.’ That’s too much power. We as a community should be able to make sure what they are doing is right.”
In December, a judge ruled that McInerney is competent to stand trial after hearing from a court appointed psychiatrist and a psychologist.
His attorneys sought to have the youth declared developmentally incapable of standing trial. If McInerney had been found not competent he would have been sent to a mental health facility – likely Patton State Hospital in San Bernardino – where he would be treated and held until he was deemed able to stand trial.
In October, Deputy District Attorney Maeve Fox 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,” Fox said in a court filing.
Just FYI, for those who don’t know:
14 words: “We must secure the existence of our pople and a future for white childrenh.” -David Lane, white supremacist
88: The 8th letter of the alphabet is “H”, so this is shorthand for “Heil Hitler.”
Queer Fear, Queer Hate are not mitigating defenses for murder.
They are grasping at straws. With more than a dozen eye-witnesses the little murderer’s guilt is a foregone conclusion.
I think that juvenile court is the appropriate place for this trial. I would think that no matter who the victim was. We have a juvenile court system for just this reason. Let’s use it!@
This kid didn’t just steal some candy. That’s what juvy is for. This is a very adult crime.
A person that young, just does not have the reasoning ability of an adult. He only sees things as “good or bad”. He only knows what he has seen or been taught. And he has not been taught the lesson love and respect. Hot his fault.
A person that young, just does not have the reasoning ability of an adult. He only sees things as “good or bad”. He only knows what he has seen or been taught. And he has not been taught the lesson love and respect. Not his fault.
A person that young, just does not have the reasoning ability of an adult. He only sees things as “good or bad”. He only knows what he has seen or been taught. And he has not been taught the lesson love and respect. Not his fault, yet.
He should be tried as an adult. This is a Hate crime. This is like the
“twinkie” defense of Dan White. If not tried as an adult it will send the message that it is O.K. for Teens to kill Gay Teens. If not already the Parents should be investigated.
Tom in Long Beach
I’m not sure what reasoning is necessary in understanding “Killing = bad”. Premeditated murder sounds like adult activity to me. *shrug*
Juvenile Court. he’s a juvenile. Trying children as adults is abhorrent. It’s what juvenile courts are for.
I think he should be tried as an adult. I’m tired of children committing crimes and then their lawyer wants him tried in kiddie court. I say do the crime do the time.
I wonder what the sentiment in the legal system and the Gay community would be if the situation were reversed.
If a Gay teen who had been picked on relentlessly for a long time shot the bully in the head?
Having said that, he’s not an adult and should not be tried as one.
While I’m outraged by the young man’s actions, trying him in adult court is an injustice. Our visceral instincts lead us to want to see this boy punished severely but juvenile minds are not fully developed. They don’t have the same appreciation as we adults have of what is right and wrong. Let me ask you–at what age did you truly realize the gravity of the actions you take? 18? 21? 30? The boy belongs in juvenile court.
This is a very difficult issue because there are so many circumstances involved. However, it would be an injustice for this boy not to be punished for the rest of his life for what he did. Though it seems harsh to try a 14 year old as an adult, are we saying this 14 year old did not understand what he was doing? Do not forget the murder victim, or his family and friends. They will never be the same.
Get the word out to all “children”…
The minute you THINK you are “man” enough to pick up a gun and hurt another human, then you are “Man” enough to pay the price.
Do adult crimes, pay adult prices. If he goes to Juvenile, he gets out at 18 years old and gets his records clean(this is what used to be traditionally done with Juninile cases, but may have changed.)
Do you want him and other thugs out on the street again? Maybe next time it will be YOU or YOUR loved one Murdered in cold blood.
I also suggest then IF you are not going to prosecute a “minor” for an Adult crime, then maybe we should go after the Parents.
What the hell are 14 year olds doing on the streets with guns? Either momma don’t want the kids and the christian right wing didn’t allow her to abort it 14 years ago or the woman is really a hard worker trying to make ends meet, but still the kid is/was ignored.
This has become the same ole American story in all cities. HORRIBLE.
Read online about New Orleans murder in French Quarter recently, a woman was robbed and MURDERED on way home from work, by 3 TEENS (14 year old and two 15 year olds.)
It has to STOP! To act as if these “kids” are sweet and innocent is NOT the answer. When I was 14 years old I was doing “chores” and kept my mind and hands busy with school, sports and other activities monitored by my parents.
Straight people should NOT have children just because they can!
Moreove, unless you are a complete moron, you know what the hell you are doing at age 14. You know that a gun can be used to KILL someone!