Brandon McInerney to Be Retried for Murder; Hate Crime Dropped


Brandon McInerney will be tried for the murder of his gay classmate Lawrence King, prosecutors announced today. McInerney will again be tried as an adult, the AP reports:

The decision was announced Wednesday in Ventura County Superior Court and Judge Charles Campbell set a Nov. 21 trial date for defendant Brandon McInerney. Campbell declared a mistrial last month after jurors couldn't agree on the degree of McInerney's guilt for killing 15-year-old Larry King. McInerney was 14 at the time of the shooting in a classroom at E.O. Green Junior High School in Oxnard. Deputy District Attorney Maeve Fox says McInerney will be tried again as an adult."

The hate crime charge has been dropped.

A group of jurors in the mistrial told Nightline in an interview aired last night that they believed McInerney should never have been tried as an adult. None of those interviewed were convinced it was a hate crime.


  1. ohplease says

    King was executed solely for being a queer kid, but, no, of course that’s not a hate crime.

  2. Dave L says

    I’m not a lawyer or an expert on hate crimes, but from what I’ve read it is very difficult to prove a hate crime if the victim and perpetrator know each other. The personal relationship, no matter if it’s a bad relationship, will cast doubt that something in there is what really motivated the murder.

    Ironically the way to get a hate crime conviction is if someone goes out to “shoot some queers” and kills a complete stranger.

  3. SFShawn says

    His eyes are ‘dead’.
    This kid is already dead inside.
    A jury system that finds scum like OJ Simpson,Michael Jackson and Dan White innocent surely will find a ‘loophole’ to allow this killer ‘kid’ to roam free to kill again or hopefully justice will prevail and he will go to prison and serve his time serving his fellow inmates.

  4. Ricco says

    Much has been said by Americans concerning the Italian judiciary at Amanda Knox’s trial, but the lessons, children, here in America is that if you can show that your parents are drug addicts, and your father beat you, then you get a free pass for executing a class mate.

  5. Brian in Texas says


    You threw Michael Jackson in with Dan White who irrefutably committed murder and OJ Simpson where there was DNA evidence? Really?

  6. gomez says

    shouldn’t be tried as an adult. he was 14.

    people here commenting on his looks, you’re pathetic

  7. anon says

    This was a clear case of prosecutorial overreach trying him as an adult. The prosecutor probably knew better too. Too messy for words.

  8. says

    This was a clear case of premeditated murder. “Lying in wait” (which is what the creep did) automatically makes this an adult crime.

    If he’s tried as a child he gets a slap on the wrist and released — hopefully to those posters who think he’s such a hottie. You’ll find out exactly how hot he is when he shoots you in the head.

  9. Ricco says

    I appreciate irreverence as much as the next guy, and I have a bawdy, sometimes quirky sense of humor; but they must be appropriately directed. Irreverence ought to be directed, as a political and social commentary, toward that which is ridiculous in our culture, that which is so obviously specious. It ought not to be directed at something as tragic as one fourteen year old kid murdering another fourteen year old kid.

    And a fourteen year old murderer is not an appropriate subject of sexually charged innuendo.

    Save it for people like Chris Brown. A boy was brutally executed in an American school, was made out to be the bully of his own murderer, that murderer cleared.

    Get a grip people. Dig deep. Ask yourselves how you would feel if it was your little brother who had been killed, or if it was your little straight brother who had murdered his gay classmate?

    SFSHAWN stated that Brandon’s eyes were dead, that he was dead already. There is no way of knowing that from a still, but it is these type of careless, unthinking, unkind comments that overtime act to numb and kill love and compassion in our culture.

  10. Ricco says

    The prosecutor was correct in trying him as an adult. He overreached when he decided to additionally charge Brandon McInerney with a hate crime, especially when it was obvious that the jury were sympathetic to Brandon McInerney.

    Now he is dropping the hate crime, but it may not be enough. It is very difficult to get a conviction after a hung jury. The defense, clearly, did a much better job of making Brandon McInerney into a sympathetic figure than the prosecutor that he ought to spend the rest of his life in prison.

  11. says

    I think all the people who made the “cutie” remarks, particularly the person who said they wouldn’t mind being ‘shot by his gun,’ are barely human. How could you make light of what has happened? Puns and jokes about being shot? It makes me sick.

  12. MICHAEL says

    Jury of our ‘peers’? What a disgusting and disappointing decision! What good will ‘legalizing’ gay marriage do if it’s okay for somebody to blow our brains out? The bigoted, redneck jury is clearly still the majority of this country. How infuriating! I never wish harm upon anybody–but you know those jurors would be the first to scream death penalty at the murderers of one of their children. Repulsive people. Failed justice system. Dead 14 year old. Lovely county.

  13. Jay says

    No, he would have been found guilty had be been black. But, since he’s white and straight, his killing a gay biracial kid doesn’t merit a conviction.

    The prosecutor should have charged him as a juvenile. He would have been locked up until 25 with a criminal commitment to a mental health institute thereafter.

  14. Francis says

    Disregarding the freaks making sexual comments about a kid who killed a young gay man for being gay (meaning, he probably wouldn’t hesitate to kill any of you), dropping the hate crime charge, while unfortunate, is hopefully what it takes to see Brandon be convicted as an ADULT for this crime.

    This is pre-meditated cold-blooded murder, pure and simple, but what Ricco said is what has happened. They’ve turned Brandon into a symapathetic figure, the case of the depressed kid with a horrible backstory. So, as sad and as ridiculous as it is, I’m not surprised the jury bought the waterworks from the family, and used Brandon’s family issues in his favor during the case. It’s unbelievably sick that people will find as much and even more sympathy for this murderer than for Larry King. This dude excuted a 15 year old child for being gay, and admitted as much. It’s a case as clear as day—–or at least should be. Just a tragedy all around.

  15. kodiak says

    He shot the kid point blank in a classroom at school surrounded by
    classmates. I don’t care what his parents did or didn’t do, it doesn’t excuse his behavior.

  16. Yeek says

    Sometimes you have to try to the right thing, even though you know you’ll fail. Trying him as an adult for premeditated murder was the right thing to do, but OF COURSE this kid is gonna walk. By bringing case after case they can at least keep him locked away a few years longer.

    McInerey will likely use this whole circumstance as an excuse for the inevitable tsunami of tawdry personal failures that he will commit once free again. The unplanned pregnancies. The drug use. Beating up girlfriends. Future assaults. It’s all gonna be someone else’s fault.

  17. Michael says

    I can say this the guy is cute no question about it.But I cant believe anyone here would claim they would want anything to do with this piece of hateful crap. Hes a MURDERER and as someone else here said so eloquently look at his eyes look BEHIND those eyes he IS DEAD inside and out.This kid does not stand a chance in civilized or decent society he has already committed one act of violence which WAS a hate crime if he gets off with this theres no telling what he will do next.Dumbass bigoted jurors.

  18. Charles Lemos says

    He’s a murderer and some of you are saying that’s hot. I’m sorry but murderers are not hot. Think with your brains not with your penises.

  19. RBearSAT says

    @RYAN completely agree with your comment. But, like all comment boards, the bottom feeders come out just like the rest of us. Sometimes I wish they had the little signs like at amusement parks (“You must be this high to ride this ride.”).

    He killed a young man and that’s the real issue. Was it a hate crime? Probably not. Was it a crime. Yes. If we keep tossing the “hate crime” factor around just because the victim was gay, we’ll dilute the true intent of the law. As DAVE L pointed out, a hate crime should be the willful act to seek out and commit a crime BECAUSE of a hatred of a class of individuals. The defendant reached a breaking point because of his perception of sexual advances at him. He had not exhibited any hateful actions against a class of individuals. He is definitely emotionally disturbed that the only path he thought he could seek was murder.

    Now that we are making advances in society with regards to recognition and acceptance, we also need to start taking responsibility about how we treat that acceptance and not blindly claim things JUST because of our status.

  20. says

    Shark Eyes? Yes.
    Cute? No.
    Anglo-Saxon poetry (which I recommend as a REMEDY to emotional dysfunction, NOT as an invitation to to the formation of a racist identity) often talks about vengeance emerging as an impersonal force. I look in Brandon’s face and I can see that, sure enough. SCARY.
    On the other hand, it’s very interesting to watch the two opposing “fan clubs” line up.

    Behind Larry, lead by the gay press, are those with a soft spot for poor effeminate Larry King. Behind Brandon, lead by the blue braceleted jurors, are those with a soft spot for tough guy Brandon.
    It’s not hard to discern Apollo-the-Destroyer at work here.

  21. St. Theresa of Avila says

    For all we know, the people saying he’s “cute” are just trolls who want to make the gay community look bad.

  22. rabcmb says

    There is no Hate Crime Brandon acted without thinkin he responded the only way he knew which was with violence which is what he grew up with… Two Boys Both going thru difficult times both dealing with it much differently as proven The situation came to a head and in this case innocent blood was shed but also anothers life changed forever all because No one picked up on the signs in time as in most cases like this so as usual Many Many lives have been destroyed … So save your hateful comments your only fueling this matter and making it worse.. As for both families and all the people who are involved Stay strong