Brandon McInerney killed Lawrence King because King had a crush on McInerney

[Valasca]

A Ventura County Superior Court judge on Wednesday denied a request for a continuance in the trial of an Oxnard teenager accused of shooting and killing a gay classmate at school.

[...] An attorney for Brandon McInerney, 15, had asked the court for a delay of at least three months so that he could interview more witnesses and further prepare for trial. McInerney is being tried as an adult.

But Judge Charles Campbell agreed with prosecutors that the defense has had plenty of time to prepare and should be ready to go.

Defense attorney Scott Wippert disagreed.

"We're about to start a trial we're clearly unprepared for," he said.

Campbell said it should have been clear to Wippert that the case was going to trial after the attorney refused the prosecution's offer in December 2008 of a reduced charge of 25 years to life for his client as part of a plea agreement.

"I don't think there has been adequate diligence in preparation," Campbell said.

McInerney is accused of murder and a hate crime in the Feb. 12, 2008, shooting death of classmate Lawrence "Larry" King, 15. The boys had been sparring in the days before the killing, allegedly because King had expressed a romantic interest in McInerney, who was 14 at the time.

The defendant is charged with first-degree murder with a gun enhancement charge and a hate crime allegation. If convicted, he could be sentenced to a maximum of 53 years to life in prison. Because of his age, he is not eligible for the death penalty.

A jury must now be picked before the trial can begin.

http://www.latimes.com/news/la-me-07...ntent=My+Yahoo

HOW can they NOT have a defense ready after 2 1/2 YEARS?

[Hellsbells]

Judge Demands King Murder Trial Begin

Los Angeles – Two and a half years after the shooting death of gay California teen, Lawrence King, a jury may finally decide the fate of his alleged killer, Brandon McInerney.

The Los Angeles Times reports McInerney defense attorney Scott Wippert was denied another continuance in the trial by Ventura County Superior Court judge Charles Campbell. Siding with prosecutors, Campbell said on Wednesday that the defense had ample time to prepare for the trial of McInerney, who was 14 when he allegedly shot 15-year-old King on Feb. 12, 2008 at E.O. Green Middle School in Oxnard.

McInerney is being charged as an adult with first-degree murder with a gun enhancement charge and a hate crime allegation. The victim, an openly gay teen who would occasionally wear high-heels and make-up, often clashed with McInerney, especially in the days leading up to the incident.

http://news.yahoo.com/s/advocate/201...er_trial_begin

[Over The Rainbow]

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Calif. teen faces trial in gay classmate killing

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Calif. teen faces trial in gay classmate killing

Associated Press | Posted: Tuesday, July 5, 2011 4:54 pm | No Comments Posted

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buy this photo Nick Ut

Scott Wippert, attorney for murder defendant Brandon McInerney speaks to media outside court Tuesday July 5, 2011 in Chatsworth, Calif. McInerney, 17, is being tried as an adult for the February 2008 slaying of 15-year-old Larry King at E.O Green Junior High School in Oxnard. The case was moved to Los Angeles County for trial after many delays. (AP Photo/Nick Ut)
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* Calif. teen faces trial in gay classmate killing
* Calif. teen faces trial in gay classmate killing

A Southern California teen driven by white supremacist beliefs executed a gay classmate at a junior high school with two gunshots to the back of his head, a prosecutor told jurors Tuesday in her opening trial statement.

Ventura County Deputy District Attorney Maeve Fox said defendant Brandon McInerney acted on the white supremacist philosophy that homosexuality is an abomination.

However, defense attorney Scott Wippert countered that McInerney had reached an emotional breaking point over unwanted sexual advances by 15-year-old victim Larry King and should be convicted of voluntary manslaughter.

"He did this out of heat of passion," Wippert said. "These were two troubled young men and this was a tragedy."

McInerney is being tried as an adult for the February 2008 slaying in Oxnard.

Fox told the nine-woman, three-man jury that McInerney smuggled a .22-caliber handgun into the school and sat behind King, who was at a computer station.

McInerney shot King once then stood up and made eye contact with others in the classroom before firing another round with the gun only inches from the victim's head, Fox said. The defendant dropped the gun and walked from the room, she said.

"The evidence in this case will prove to you that this killing was an execution," Fox said.

McInerney, who was 14 at the time of the shooting, pleaded not guilty to murder, lying in wait and a hate crime. He could face up to life in prison if convicted.

The case was moved to Los Angeles County for trial after many delays.

King's death has roiled gay-rights advocates and parents in Oxnard, a city about 60 miles northwest of Los Angeles. They wondered why officials at E.O Green Junior High School hadn't done more to stop the harassment of King by students, including McInerney.

King's family sued the school district, among two dozen defendants, for failing to protect the teen.

Fox told jurors there won't be any evidence during trial about King's sexual orientation, although in the weeks leading to the shooting the teen wore makeup and high-heeled boots, and told a teacher he wanted to change his name to Leticia.

Jurors will hear from students who will testify about the rocky relationship between the two boys. Among them, Fox said, will be one of McInerney's friends, who said he heard King tell the defendant, "'I love you, baby'" the day before the shooting.

McInerney made several references that same day that he was going to bring a gun to school and shoot King or was going to hurt him, Fox added.

"Say goodbye to your friend Larry because you won't see him after tomorrow," Fox said of expected testimony from one of King's friends.

Wippert said King was the aggressor by making the sexual advances toward McInerney and other boys.

McInerney, dressed in a blue striped shirt and tan pants, sat in court and remained expressionless as both attorneys spoke to jurors. He was lean and tall and sported a full head of chestnut brown hair _ far different from his mugshot taken after his arrest that showed him with a nearly shaved head.

Police found Adolf Hitler's "Mein Kampf" in McInerney's backpack the day of the shooting as well as a wealth of Nazi-inspired drawings and artifacts at the family house, she said.

Fox said jurors should pay close attention to one of McInerney's drawings, an eyeball with a swastika emblazoned on the pupil. She said one investigator had seen that image only one other place _ in a picture of a wolf symbolizing a lone wolf ideology by Tom Metzger, leader of the White Aryan Resistance.

"It will answer for you the question why," Fox said of the drawing.

Wippert contended King had sexually harassed other boys, dating back to the fifth grade, where he had been suspended for such behavior. He said King was empowered to make unwanted advances because school administrators were willing to look the other way and accommodate him and the way he dressed.

"Everyone knew about it and no one did anything," Wippert said.

The lawyer said both teens came from broken homes.

Before jurors were led into the courtroom, Ventura Superior Court Judge Charles Campbell booted McInerney's brother from the rest of the trial after he purportedly told jurors, "The fate of my brother is in your hands," Campbell said.

Wippert said the brother made the statement in the presence of jurors and the young man acknowledged he made a mistake

Read more: http://missoulian.com/news/national/...#ixzz1RHd8Pmd7

http://missoulian.com/news/national/...6ba735653.html

[sorrow_discord]

I recall reading some Catholic blog awhile back that actually said that Brandon McInerney did what had to be done, and that if King hadn't been gay then he would still be alive.

While I do think that King went a little overboard with the whole "flirting" and comments, I don't think that it gives another person the right to kill them.

[Over The Rainbow]

That blog doesn't hold much water. Especially considering McInerney is gay, too. It looks like they had a relationship, anyways.

[Ninja0980]

I've never heard that McInerney was gay. To me, this was simply a killing over being hit on by a guy. The gay panic defense is clearly being used in this case.

[biteme]

All I see here is school administrators that should be on trial and as usual get a free pass
If the adult administrators did slightly more than ignore issues at school, we wouldn't be reading about all these child deaths

[Obsolete]

That blog doesn't hold much water. Especially considering McInerney is gay, too. It looks like they had a relationship, anyways.

Do you have a link to where you read this? I can't seem to find anything that indicates McInerney is gay. I understand the article you posted stated the boys had a rocky relationship but that doesn't mean it was a romantic relationship. It could be that it was rocky because while they were friends, McInerney couldn't accept his friend was gay.

[Star Sizu]

Wether the defendent was gay or not, received verbal or physical sexual advance or not.
Is really irrevelant.
If that is the case, then, can anyone that whitle at a girl get shot?
He had multiple option available.
If the school adminstration was not willing to do anything.
He could have gone to the local police or even a news outlet.
Taking another life, when your own life and wellbeing is not an option.

And how the defendent dress, act(Sounds more like, he's trying to find his own identity<Same as other children>)
And whether he did do sexual advance against the defendent(Serious or joking, doesn't matter)

[Over The Rainbow]

Do you have a link to where you read this? I can't seem to find anything that indicates McInerney is gay. I understand the article you posted stated the boys had a rocky relationship but that doesn't mean it was a romantic relationship. It could be that it was rocky because while they were friends, McInerney couldn't accept his friend was gay.

That was a mistake I made because I misread the article and thought McIrney was dressing as a woman, but it was King. So you are right, he is a Nazi, but probably not a gay one.

[Obsolete]

That was a mistake I made because I misread the article and thought McIrney was dressing as a woman, but it was King. So you are right, he is a Nazi, but probably not a gay one.

Gotcha, that makes sense.

[Dakota Valkyrie]

Brandon McInerney said he planned to bring a gun to school a day before he shot and killed a gay student in a Ventura County junior high school classroom, a friend testified at his murder trial.

The student, identified only as Keith L., took the stand Thursday in the Los Angeles trial. He said McInerney's face turned red after 15-year-old victim Larry King called him "baby" in a crowded hallway at E.O. Green Junior High in Oxnard.

"That's how he gets when he's mad," the friend said. "Both embarrassed and mad."

Prosecutors have said that King actually said, "I love you, baby."

After class, the friends met again.

"He told me he was going to bring his gun the next day" Keith L. said, adding that he did not report the comment because he thought his friend was joking.

On Feb. 12, 2008, McInerney was sitting behind King in computer class when he pulled a .22-caliber handgun and shot him twice in the head.
[...]

Keith, who is black, said his friend never showed any sign of racism. He and others testifying Thursday also said that King repeatedly made flirtatious or taunting comments to McInerney.

King had taken to wearing makeup and effeminate clothing and often was insulted, tripped or avoided by other boys, students testified.

http://abclocal.go.com/kgo/story?sec...ate&id=8239714

[Dakota Valkyrie]

A teacher testified Thursday that a gay student at a Southern California junior high school paraded around in makeup and high heels in front of a classmate who is accused of killing him the next day.

Arthur Saenz said he saw defendant Brandon McInerney sitting on a bench looking angry and upset while 15-year-old Larry King walked back and forth in front of him as other students laughed.

"I saw a lot of anger and rage," the history teacher said about McInerney.

He said he did nothing about the situation because the school administrator walked up and saw the same scene. He said he assumed she would take care of it.

Saenz said that in hindsight, he thought the encounter "appeared to be sexual harassment."

McInerney, who was 14 at the time of the 2008 shooting at E.O. Green School in Oxnard, is being tried as an adult on first-degree murder and hate crime charges.

The defense is arguing that McInerney had a troubled childhood and had reached an emotional breaking point over unwanted sexual advances by King when he shot his fellow student in a computer classroom. The prosecution contends McInerney was driven by white supremacist anti-gay beliefs.
[...]

Megan Csorba (McInerney's aunt) said that books on Nazi youth and videos on shooting at McInerney's home belonged to the defendant's older brother. She also testified, as did McInerney's half-brother, that the defendant had been molested by a cousin.

Brandon McInerney looked angry in court as his aunt described his childhood, the Ventura County Star said. His mother, Kendra, wept, the newspaper reported.

When McInerney's father died in 2009, coroner's officials found alcohol and drugs in his system, the Los Angeles Times reported. James Bing, McInerney's half-brother, has testified that McInerney's father was often high on drugs and was sadistic, the newspaper reported.

The cousin was scheduled to testify Friday.

http://www.msnbc.msn.com/id/44030532.../#.TjwSy4KP9hk

[MC30]

oh good god. its not as though most women shoot any guy who makes unwanted advances toward them. lock the little fucker up and throw away the key.

[Dakota Valkyrie]

Mistrial.

A judge declared a mistrial Thursday after jurors said they were hopelessly deadlocked in the murder trial of a teenager accused of gunning down a gay classmate in their Southern California classroom.

Ventura County Superior Court confirmed the ruling in the eight-week trial of Brandon McInerney, who was 14 at the time of the shooting in 2008.

The nine-woman, three-man jury panel said its last vote resulted in seven in favor of finding the defendant guilty of voluntary manslaughter, CNN affiliates reported.

McInerney was tried as an adult on charges of first-degree murder, use of a handgun and a hate crime.
[...]

The prosecution alleged McInerney had planned to shoot King over unwanted sexual advances, and said that McInerney had white-supremacist leanings, according to affiliate KABC.

The defense contended McInerney had a violent upbringing. It also argued that King taunted and flirted with McInerney, ultimately sparking the fatal confrontation, KTLA reported.

http://www.cnn.com/2011/CRIME/09/01/...tudent.murder/

[Valasca]

The defense contended McInerney had a violent upbringing

Oh, well. That makes it okay then.
Dumbasses.

[Dakota Valkyrie]

Prosecutors said they are considering whether to again try Brandon McInerney as an adult, a choice that legal experts believe made it harder for them to win a conviction.

McInerney, who was 14 at the time of the killing, would face up to life in prison if he were convicted as an adult. In the juvenile system, even convicted murderers are typically released at 25.

"We will consider the fact that this was a very significantly split jury. We will consider everything," said Chief Assistant Dist. Atty. James Ellison. "There are obviously very strong reactions on both sides and we will consider all those in how we proceed."

In the next few weeks, the district attorney's office will debrief jurors and the prosecution team before announcing a decision on new charges, Ellison said. An Oct. 5 court hearing has been set to discuss the matter.

Jurors said Thursday that they were deadlocked on a verdict, with seven favoring a voluntary manslaughter conviction and five pushing for first- or second-degree murder. One juror told the Associated Press that they had difficulty accepting the fact that McInerney was being tried as an adult. And jurors told defense attorneys they did not believe the killing amounted to a hate crime.

Prosecutors on Friday disagreed and said they continue to believe it was motivated by victim Larry King's sexual orientation. They also believe McInerney was lying in wait to kill King, an allegation that automatically makes him eligible to be tried as an adult, Ellison said.

Still, prosecutors may face an uphill fight in retrying McInerney, said former Ventura County Dist. Atty. Michael Bradbury.

"These are extremely difficult cases," said Bradbury, who was district attorney for 24 years.

"The public may see a straightforward murder case but this case is far more complex, firstly, because of the age of the defendant … and the manner in which he was raised by his parents, which was clearly dysfunctional and by all accounts horrific," Bradbury said.

The raw emotions of the case make the outcome "highly unpredictable," the former prosecutor said.

Laurie Levenson, a Loyola Law School professor and former federal prosecutor, said she believes jurors thought the charges were too harsh.

"Jurors felt prosecutors overcharged and they were clearly not comfortable putting the boy away for life. They probably believed the dynamic between two adolescent boys is not the same as two adults," Levenson said. "This was a shooting but not a traditional coldblooded killing. It had an emotionally complexity, especially one associated with adolescents."

Defense attorney and former prosecutor Dmitry Gorin agreed.

"In a hate crime there is typically clear and convincing evidence that it was motivated by hate," Gorin said. "Children tend to have a myriad of reasons for killing. He may have had issues with the victim being gay but that interaction was probably a lot more complex and jurors saw that."

Gorin added: "Just like Casey Anthony, here the evidence did not support the charge but the public perception and pressure has prosecutors trying their hardest to persuade jurors and again they have failed."
[...]

http://articles.latimes.com/2011/sep...udent-20110903

[Tits McGee]

While I don't condone McInerney killing King, I am a little surprised at the "hang him high" attitude that I am reading. While obviously McInerney did not have the right to murder another human being, I do feel that he was pushed to that point by King.

Wippert contended King had sexually harassed other boys, dating back to the fifth grade, where he had been suspended for such behavior. He said King was empowered to make unwanted advances because school administrators were willing to look the other way and accommodate him and the way he dressed.

Keith, who is black, said his friend never showed any sign of racism. He and others testifying Thursday also said that King repeatedly made flirtatious or taunting comments to McInerney.

Arthur Saenz said he saw defendant Brandon McInerney sitting on a bench looking angry and upset while 15-year-old Larry King walked back and forth in front of him as other students laughed.

"I saw a lot of anger and rage," the history teacher said about McInerney.

He said he did nothing about the situation because the school administrator walked up and saw the same scene. He said he assumed she would take care of it.

Saenz said that in hindsight, he thought the encounter "appeared to be sexual harassment."

If this is true, it sounds like King was a sexual predator. If he had been doing this to female students, he would have been expelled.

To me, this was simply a killing over being hit on by a guy. The gay panic defense is clearly being used in this case.

No, this was a killing over being repeatedly hit on by a guy. Who knew the advances were unwanted. It was not a one-time thing, it was allowed to go on. That doesn't make murder okay, but let's not act like King was some complete innocent angel who was just misunderstood. He knew what he was doing, and purposely did it to get a reaction out of McInterney.

Wether the defendent was gay or not, received verbal or physical sexual advance or not.
Is really irrevelant. No, it's not. It's why he murdered another human being.
If that is the case, then, can anyone that whitle at a girl get shot?
He had multiple option available.
If the school adminstration was not willing to do anything.
He could have gone to the local police or even a news outlet. What would the police do? None of the adults he knew stopped it. And how many 14 year olds do you know that would want to publicly announce they were being harassed by a gay teen?

Taking another life, when your own life and wellbeing is not an option.
And how the defendent dress, act(Sounds more like, he's trying to find his own identity<Same as other children>) So finding your own identity makes it okay to consistently push unwanted sexual advances onto others?

And whether he did do sexual advance against the defendent(Serious or joking, doesn't matter) Yes, it does. He was repeatedly performing unwanted advances onto numerous boys. Again, if this were a straight male doing these things to a female, he would be expelled and labeled a sexual predator. But because King was gay, he's "finding his own identity". Bullshit.

[Dakota Valkyrie]

Brandon McInerney, the teen accused of killing gay classmate Larry King, will be retried for murder after a first trial in which jurors could not reach a unanimous verdict.

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

A mistrial was declared last month after jurors couldn't reach a unanimous decision on the degree of McInerney's guilt for killing the 15-year-old. 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.

Another hearing has been set for Nov. 21, 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.

http://www.cbsnews.com/8301-504083_1...76-504083.html

[Dakota Valkyrie]

Several jurors who deadlocked last month in the case of a former middle school student accused of killing his gay classmate said prosecutors should significantly reduce charges against the boy.

They said they didn't believe Brandon McInerney killed Larry King because the boy was gay and urged that he be tried in Juvenile Court instead of as an adult.

"Brandon got a raw deal,'' said juror Nancy Shulman.

She and two other jurors stood in the audience Wednesday during a hearing where prosecutors said they will retry McInerney as an adult for first-degree murder but drop the key allegation that the crime was motivated by a hatred of homosexuals. The jurors wore light-blue rubber bracelets stamped "Free Brandon" and said they were there to support McInerney.
[...]

Prosecutors portrayed McInerney as a budding white supremacist who hated homosexuals and was enraged by King's sexuality and aggressive flirtations.

One juror, identified only as Lisa S. because she did not want her whole name used, said many jurors came to believe that King was bullying McInerney by making unwanted sexual advances.

"This wasn't about him being gay,'' she said. "This was about bullying. There was a ton of evidence that Larry was acting inappropriately with other kids at school, and they didn't do anything to stop him."

As for the new case, she added: "It was overcharged and an abuse of power, and I don't think a new jury will see it any different."

http://latimesblogs.latimes.com/lano...urors-say.html

[TheMorningStar]

In September, a judge declared a mistrial in the case of Brandon McInerney, now 17, after jurors said they were hopelessly deadlocked following a nine-week trial on whether he should be found guilty of manslaughter or murder. The next month, the Ventura County District Attorney's Office announced that McInerney would be retried on first-degree murder charges as an adult. McInerney also was tried as an adult in the first trial.
The district attorney's office said Monday that, since then, it had "carefully reviewed the jury's determination" and talked with some jurors. It also engaged in talks with the victim's family, McInerney and his attorneys after which the relevant parties "agreed upon a disposition that balances the unique facts of the case with the need to protect the public."
Specifically, McInerney pleaded guilty to killing Lawrence King "under the penal code sections for both murder and voluntary manslaughter," as well as to using a firearm in that crime. He will serve 11 years for manslaughter and 10 years for the use of a firearm, according to the district attorney's office. His formal sentencing is set for December 19.

"He will serve the entire 21 years without time off for good behavior and will not receive time off his sentence for the three years and nine months he has spent in juvenile hall before sentencing," the prosecutor's office said, concluding that he'd then serve nearly 25 years total.

http://www.cnn.com/2011/11/21/justic...ing/?hpt=hp_t1

[Rockin Ma]

Do you think the school didn't do enough to stop the victim from harassing other kids because they were afraid they they would get in trouble for picking on the gay kid?


The kid who killed should go to jail and I guess I'm running off the core of the subject, but he should get credit for the time he's been in jail all this time. They could've found a way to give him 28 years or something.

[gee]

As Brandon McInerney agreed to spend the next 21 years in prison for fatally shooting gay middle-school classmate Larry King, the actions of school officials have come under scrutiny from both sides in the case.

McInerney's attorneys presented evidence during the trial that school officials could have done more to prevent the violence, a point King's mother also expressed in an interview with The Times on Monday.

McInerney, who was 14 when he pulled a gun out of his backpack and shot King two times at point-blank range, will be kept behind bars until he is 38 under the terms of the deal struck by Ventura County prosecutors.

The victim's mother, Dawn King, revealed for the first time Monday that she had contacted school officials four days before the shooting in an effort to solicit their cooperation in toning down her son's behavior. The boy had been taken from the Kings' home two months earlier by authorities because of domestic problems.

She said she was told that her son had a civil right to explore his sexual identity.

"I knew, gut instinct, that something serious was going to happen," she said. "They should have contained him, contained his behavior."

School administrators sent a memo advising teachers to give King his space, but to report safety problems. Teachers at the trial testified that when they tried to report growing tensions between King and several boys, school leaders shunned them.

McInerney shot King in a school computer lab at E.O Green Junior High in Oxnard in February 2008 after days of conflict between the boys. Students and teachers at the trial testified that King had been dressing in women's accessories and wearing makeup, and was flirting aggressively with male students on campus who did not want the attention.

Assistant Principal Joy Epstein has come under criticism for allegedly being more intent on protecting King's civil rights than in acknowledging that his dress and behavior were causing problems.

"It was reported, more than once, by more than one person,'' said English teacher Dawn Boldrin. "It was documented. There is paperwork on this. She kept saying that she didn't know and she did. She knew. She did. Everybody knew."

Epstein, who testified for the prosecution, denied that anyone on the campus relayed concerns about King's safety before the shooting.

http://latimesblogs.latimes.com/lanow/

I believe the school has some culpability in this tragic event. The school was warned by King's own mother about behavior. I believe more could have been done here to avoid this.

[Whisper]

Oxnard Teen Sentenced to 21 Years in Gay Classmate Murder
Larry King, 15, was shot execution-style in February 2008.

LOS ANGELES (KTLA) -- An Oxnard teenager was sentenced to 21 years in state prison Monday for killing a gay classmate three years ago.

17-year-old Brandon McInerney pleaded guilty to second degree murder and voluntary manslaughter with use of weapon in the murder classmate, Larry King.

McInerney does not get credit for the 4 years he has already spent behind bars, and he will not get time off for good behavior.
That means he will be released just shy of his 39th birthday.

He could have faced life in prison if he were convicted of first degree murder as an adult.

McInerney had just turned 14 when he shot King with a .22-caliber handgun at E.O. Green Junior High School on February 12, 2008.
King, an openly gay student, was 15.

King's father, Greg, and mother, Dawn both spoke at the sentencing hearing, along with his grandmother.

"On February 12, 2008, my son, Larry, was shot in the back of the head twice by a white supremacist assailant who planned his crime, concealed the gun into school and waited behind his victim for the opportune moment to commit murder with malice of forethought," Greg King said. He called McInerney a "cold-blooded assassin."

"I will never forgive you for what you did murdering my son Larry," Dawn King said.

"You have left a big hole in my heart where Larry was and it can never be filled," she said.

McInerney's first trial ended in a mistrial after the nine woman, three man jury was unable to reach a verdict.

The vote was 7 to 5 in favor of finding Brandon McInerney guilty of voluntary manslaughter.

Jurors later said they were torn over McInerney being tried as an adult for first degree murder.

Deputy Dist. Atty. Maeve Fox had argued that King was "executed" for who he was, and that the crime was therefore first-degree murder.

"No amount of revisionist history and attempts to paint Larry King as some kind of predator can ever change the fact of what occurred in this case," Fox said.

"That is: Larry King was executed for who he was."

Prosecutors described the shooting as a premeditated murder carried out by a classmate who was a proponent of "racist skinhead philosophy."

According to prosecutors, McInerney sat behind King in the computer lab class, didn't do anything for 20 minutes, and then, without saying a word, fired one shot into the back of King's head.

As the teen collapsed to the floor, McInerney stood up, looked around at his astonished classmates and delivered a "second, coup de grâce" shot into King's head, prosecutors said,

However, the defense countered that King taunted and flirted with McInerney, ultimately sparking the fatal confrontation.

Student witnesses said King had expressed a romantic interest in McInerney, who was humiliated by the attention.

The medical examiner in the case testified that King died from two gunshots to the back of his head.

Ventura County's Chief Medical Examiner Ronald O'Halloran estimated the shooter was about 1 1/2 feet away, and added under cross examination that King had nail polish on his fingers and toes.

Prosecutors said McInerney carefully planned and carried out murder of his eighth-grade classmate.

During opening statements in the first trial, the defense argued that McInerney was a troubled boy from a violent home and killed King in the "heat-of-the-moment."

Fox countered that McInerney had threatened to shoot King, who was openly gay, the day before the incident after the two were involved in an argument in science class.
[...]

http://www.ktla.com/news/landing/ktl...ory?hpt=ju_bn6

[Athena]

I think it's a pretty fair sentence, considering he was charged as an adult (which I don't agree with, but we know that). Bullying is never an excuse for murder, especially not the kind of murder that victimizes countless other adolescent witnesses. That said, it does seem pretty clear that King behaved provocatively toward him over a period of time, and that, even when these incidents were witnessed first hand by teachers, they were ignored.

He'll serve between 10-15 years, assuming he doesn't fuck up while incarcerated. Hope he gets some education and therapy while there.