Mistrial For White Supremacist Boy Who Killed Gay Boy
By MARK DUELL
‘He is guilty and he should be held responsible, but he is not a murderer,’ Scott Wippert, defending, said. ‘He is not a white supremacist.’
The case laboured in the court system for more than three years as McInerney's lawyers sought numerous delays.
A judge has sensationally declared a mistrial in the long-running case of a teenager accused of murdering his gay classmate at their high school.
Jurors could not reach a unanimous decision on the degree on the guilt of Brandon McInerney, now 17, for killing Larry King, 15, three years ago.
The nine-woman, three-man panel unsuccessfully deliberated for a week over Larry’s death at a school in Ventura County, California.
Mistrial: Jurors could not reach a unanimous decision on the degree on the guilt of Brandon McInerney, now 17, left, for killing Larry King, 15, right, three years ago
Jurors took votes with the last one being seven for voluntary manslaughter, while five for either first-degree or second-degree murder.
Prosecutors must decide whether to re-file murder and hate crime charges against McInerney - aged 14 at the time but tried as an adult.
Ventura County Superior Court Judge Charles Campbell declared the mistral. Larry's family would not comment as they left the court.
Both sides agreed McInerney took a .22-caliber handgun to school in February 2008 and shot Larry twice in the back of the head.
It happened during a computer lab class in front of stunned classmates.
McInerney embraced a white supremacist philosophy that sees homosexuality as an abomination, Maeve Fox, prosecuting, said.
Anger: The shooting roiled gay-rights advocates and parents in Oxnard, a city about 60 miles northwest of Los Angeles, California
Police found Nazi-inspired drawings and artefacts at his house - and a white supremacist expert testified his ideology was behind the killing.
The attack was premeditated and at least six people heard him make threats against Larry in the days leading to the shooting, Ms Fox said.
She said McInerney told a psychologist he wanted to kill Larry after he passed McInerney in a school hallway and said: ‘What's up, baby?’
‘He's basically confessed to first-degree murder in this case,’ Ms Fox said.
Defense lawyers admitted he was the shooter but reached an emotional breaking point after Larry made repeated unwanted sexual advances.
McInerney snapped when he heard moments before the shooting that Larry wanted to change his name to Latisha, the lawyers said.
Liberal: The shooting took place in 2008 at E.O. Green Junior High School in Oxnard, California, in front of shocked students in a computer lab class
The defense psychologist said McInerney was acting without thinking when he pulled the trigger at E.O. Green Junior High School in Oxnard.
McInerney's lawyers also said he suffered physical abuse at home from his father, who has since died.
‘He is guilty and he should be held responsible, but he is not a murderer,’ Scott Wippert, defending, said. ‘He is not a white supremacist.’
They contended he didn't receive the proper supervision that would have kept him out of trouble.
‘He is a 14-year-old child who didn't know what to do and had no one to guide him.’
McInerney did not take the stand during the nine-week trial.
The school administration was accused of being more concerned about defending Larry’s civil rights than recognising his behaviour and clothes.
The case laboured in the court system for more than three years as McInerney's lawyers sought numerous delays.
His high heels, makeup and feminine clothing made other students uncomfortable.
Judge Campbell was eventually persuaded to move the trial from Ventura County to neighbouring Los Angeles County.
Extensive news coverage had threatened to bias jurors.
Larry'S family sued the school district for failing to protect their son - and that lawsuit is pending.
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