Mistrial in the death of a 14 year old, shot in school in 2008

[Revolution]

Article

Los Angeles (CNN) -- 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.
McInerney, now 17, allegedly shot 15-year-old Lawrence King, an eighth grader at E.O. Green Junior High School in Oxnard, twice while both were typing papers in a computer lab for their English class, authorities said.
King, an openly gay teenager, was seated in the middle of the classroom with two dozen students and their teacher when McInerney allegedly shot him in the back of the head, authorities said.
Friends said King was proud of being openly gay. He liked wearing jewelry and makeup to school, and he often wore high-heeled boots with the school uniform. He asked his teachers to call him Leticia instead of Larry. Some students bullied him, pupils said.
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.
The trial was held in Chatsworth, in neighboring Los Angeles County, because the defendant successfully sought a change of venue in the high-profile case, said Ventura County Chief Deputy District Attorney Mike Frawley.

Was there no lesser charges he could have been guilty of? Manslaughter? Bringing a gun to school? Anything?

 

[Hero]

Well, according to this definition Legal Definition of Mistrial, at least the trial will be held again. Or at least it should.

I hope the jury isn't biased against gays.

I can understand if homosexuals might make you uncomfortable, but that's no reason why you should kill a person.

 

[ChaoticHeart]

How could that be manslaughter? He brings in a gun and executes someone, that's murder.

 

[Apollo]

I hope the jury isn't biased against gays.

People with believes like that are typically "weeded out" in the jury selection process, especially with a case like this. However things can get over looked.

That kid is a moron for hating someone for being gay. Also for choosing to kill someone in such an stupid way.

 

[noheartx]

uhm shouldnt there have been witnesses that were like "yea i saw him get capped in the head by that guy."

 

[Apollo]

How could that be manslaughter? He brings in a gun and executes someone, that's murder.

In a situation where the murderer was provoked it is called voluntary manslaughter. Which is basically the same as 2nd or 3rd degree murder, depending where you live. McInerney's party is probably pushing for the murder to go down as that because the difference in punishment for each degree of murder is quite big. That is why that bit about McInerney claiming King kept coming on to him was put in. That would be the "provoking" that they are claiming King did to McInerney.

Which is bonking bullshit! I don't care how much someone hits on you, that doesn't give you the right to kill them. Tell a teacher or your parents; if you are an adult file a sexual harassment claim against them. There is no reason to kill somebody over that though.

 

[ChaoticHeart]

Which is bonking bullshit! I don't care how much someone hits on you, that doesn't give you the right to kill them. Tell a teacher or your parents; if you are an adult file a sexual harassment claim against them. There is no reason to kill somebody over that though.

That's kind of my point. Claiming that it wasn't your fault that you took a gun into school and shot someone, because their sexuality makes you uncomfortable, isn't good enough. Going OTT over something like a gay guy hitting on you like that should be a clear indicator that this kid is dangerous.

 

[Ace.]

lol...America, I love you...

 

[Ulti]

So the defense's case is that the victim flirted with the kid to provoke him to kill him?

Why is this deadlocked again?

 

[valorform24]

This is complete bullshit, that kid shot him with full intent of killing him. I do believe it was a hate crime and they're supposedly deadlocked because "King taunted and flirted with McInerney" this is no reason to kill. There shouldn't be a problem with convicting him of murder.

 

[ChaoticHeart]

lol...America, I love you...

Do you have any shame? This is a murder case dude.

 

[The Lionheart]

A mistrial simply means that they will try the kid again, albeit with a different jury.

While it seems hard to believe that this jury could be "deadlocked" over a seemingly closed case, I don't really think it's that big of a deal.