Ventura County Superior Court Judge Ken Riley said Wednesday that there was enough evidence to try 15-year-old Brandon McInerney for the February 2008 shooting death of Larry King, also 15. McInerney will be tried as an adult.

Riley says he agrees with prosecutors that the shooting was premeditated and has added the special circumstance allegation that McInerney was lying in wait.

Authorities say McInerney shot Larry twice in the head during a computer lab at E.O. Green Junior High School in Oxnard.

McInerney has pleaded not guilty to murder and a hate crime. He faces 53 years to life in prison if convicted.

Sgt. Kevin Baysinger testified Monday at the preliminary hearing for 15-year-old Brandon McInerney of Oxnard.

Baysinger says he interviewed students at E.O. Green Junior High in Oxnard who talked about a feud between the teen and victim Larry King, who was killed in a classroom in February 2008.

McInerney, who is charged as an adult, has pleaded not guilty to murder and a hate crime.

The police sergeant says McInerney bragged he had guns at home and told one of the victim’s friends the day before the shooting, “Tell Larry goodbye because you’re not going to see him again.”

The hearing, where the prosecution is required to prove there is enough evidence to proceed with a trial, was to have begun this week, but is now put off until July 8 because Brandon McInerney’s attorney said he needed more time to prepare.

McInerney, who is charged as an adult with murder as a hate crime, has pleaded not guilty. His attorneys had fought unsuccessfully to get the case moved from adult to juvenile court.

If convicted as an adult, 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 E.O. Green Junior High in Oxnard in February 2008. More than 20 other students were in the room at the time. McInerney, then 14, was arrested shortly after the shooting.

McInerney is charged with murder as a hate crime.  His attorneys had fought to get material from the prosecution outlining why they filed the case 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 E.O. Green Junior High in Oxnard in February 2008. More than 20 other students were in the room at the time. McInerney, then 14, was arrested shortly after the shooting.

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.

The preliminary hearing, to determine if there was enough evidence to bind the teen over for trial, was to have begun Wednesday. 

The body of Bill McInerney, 45, was found in the living room of his home by a friend who was to drive him to the courthouse.

An autopsy found McInerney died of blunt force trauma to the head.  Police said there was no evidence of foul play.  It is believed that McInerney fell and struck his head on the concrete floor.

Brandon McInerney was informed of his father’s death shortly before he was to have entered the courtroom. Ventura County Superior Court Judge James Cloninger adjourned the hearing.

The elder McInerney has had his own brushes with the law. Court documents obtained by The Associated Press show that in 1993 he shot his wife with a .45-caliber pistol, shattering her elbow. The shooting occurred several months before Brandon was born.  He was sentenced in 2000 for domestic battery.

Brandon McInerney, who turned 15 last month, is charged with first-degree murder and a hate crime. 

His attorneys are fighting to have the case heard in juvenile court.  The issue is currently before the California Supreme Court. If convicted as an adult McInerney could be sentenced to 51 years to life. If he were convicted in juvenile court the sentence would be much shorter. 

Earlier this week, Judge Cloninger refused to delay the preliminary hearing until the high court rules.

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 with 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.

In all, nearly two dozen defendants are named in the suit.

The lawsuit was filed by King’s parents, Dawn and Gregory King, and his brother, Rocky. It claims that the 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 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.

According to the lawsuit, King “did not cross-dress” while living at home and that his family begged officials from the school, the shelter and county Child Protective Services agency to ask him to “tone it down.”

The Associated Press reports Rainbow Alliance executive director Jay Smith denies the allegations.

“No facilitator or mental health therapist would say anything even remotely like that,” Smith told the AP. “This whole thing is just frivolous.”

Spokespersons for Casa Pacifica and the school also denied wrongdoing.

King 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.

King died in the hospital after doctors declared him brain dead and his mother agreed to have life-support removed.

The lawsuit also names Brandon McInerney, the 15-year-old who shot King in a classroom full of students.

Last month, Ventura County Superior Court Judge Rebecca Riley rejected a defense motion to get files and documents from the district attorney’s office.

Attorney Scott Wippert in appealing the ruling said that without the information he is unable to prepare a proper defense.

In an interview with the Ventura Couunty Star, Wippert said the documents could show whether there was an abuse of discretion or a misuse of authority, which he said would violate McInerney’s right to due process.

Wippert also told the paper that the case would have a major impact on how district attorneys throughout California prosecute tens of thousands of juveniles.

“Nobody has challenged the discretionary power of the district attorney,” said Wippert told The Star. “This case is bigger than any other case. This affects children all over the state.”

It is the latest defense bid to have the case moved to juvenile court.  Wippert has previously said there were mitigating circumstances and the teen should not be tried in adult court.

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. At the time he was 14.

King died in the hospital after doctors declared him brain dead and his mother agreed to have life-support removed.

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 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.

If convicted as an adult, McInerney faces a sentence of 51 years to life.

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. The attorneys filed a discovery motion for all documents by the DA pertaining to the decision to charge McInerney as an adult.  They sought internal memos, notes and correspondence.

The lawyers said in the motion that the prosecutor filed to take into consideration McInerney’s school and home life and thereby violated his constitutional right to due process.

The District Attorney’s office fought the motion, arguing the material was privileged and Riley agreed. She also refused to dismiss the case.

McInerney’s attorney’s said they will appeal.

It is the latest in a series of setbacks for the defense. Last month 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.

A preliminary hearing in the murder trial is set to begin January 26.

Judge Kevin McGee made the determination Monday after hearing from a court appointed psychiatrist and a psychologist.

Brandon McInerney is charged with murder as a hate crime and is being tried as an adult. If convicted he could be sentenced to 51 years to life.

His attorneys sought to have the youth declared developmentally incapable of standing trial.

If, McInerney had been found not competent he would be 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.

McGee ordered a preliminary hearing to begin January 26.

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. 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.

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.

King was honored earlier this year at schools across the country as part of the National Day of Silence.