Prosecutor Decides To Retry Brandon McInerney (As An Adult)

Lawrence King (left) and the person who shot him to death, Brandon McInerney 

Well, this is interesting news. Last month a mistrial was declared in the first trial of Brandon McInerney for the murder of Lawrence King. MadProfessah was ashamed at the result and implored prosecutors to retry McInerney for the point blank shooting of his middle school classmate in February 2008.

Today comes word that prosecutors will again try McInerney as an adult for the crime, but will drop the hate crime charge, basically making the wrong choice TWICE. Many LGBT activists like myself insist that the murder was a hate crime, because it is clear that McInerney targeted King for death because of his gender identity. However, since both boys were under 18 years old (McInerney had barely turned 14 at the time of the crime) there are also many LGBT activists who disagree with the decision to try him as an adult.

The San Jose Mercury News reports:

Prosecutors on Wednesday announced their intention to pursue a murder charge in adult court against 17-year-old Brandon McInerney. However, a hate crime charge will be dropped, Deputy District Attorney Maeve Fox said.

Last month, a judge declared a mistrial after a nine-woman, three-man panel couldn't reach a unanimous decision on the degree of McInerney's guilt for killing 15-year-old Larry King. After a series of votes, seven jurors were in favor of a voluntary manslaughter conviction, while five others supported either first-degree or second-degree murder.

Superior Court Judge Charles Campbell set a Nov. 21 trial date, according to Fox, but it's unclear if it will be held in Ventura County. The first trial was moved to Los Angeles County due to pretrial publicity.

McInerney was 14 in February 2008, when he is accused of killing King at E.O. Green Junior High School during a computer lab class.

Prosecutors contend McInerney embraced a white supremacist philosophy that sees homosexuality as an abomination. Police found Nazi-inspired drawings and artifacts at his house, and a white supremacist expert testified at trial the hate-filled ideology was the reason for the killing.

Authorities maintained the shooting was premeditated and deserving of a murder conviction. During the trial, Fox noted at least six people heard McInerney make threats against King in the days leading to the shooting.

Defense attorneys acknowledged that McInerney was the shooter but explained that he had reached an emotional breaking point after King made repeated, unwanted sexual advances. They also have argued that juvenile court would be the best venue to try their client.

The reactions from the LGBT community to this news will not be good.