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Coalition urging D.A. to try shooting suspect as juvenile
A coalition of advocates for lesbian, gay, bisexual and transgender rights is urging Ventura County prosecutors to try 14-year-old Brandon McInerney in juvenile court, and not as an adult.
McInerney has been charged as an adult in connection with the fatal shooting of his Oxnard classmate, Larry King at E. O. Green Middle School on Feb. 12.
According to students, King, 15, may have been targeted because he was openly gay.
The coalition of lesbian, gay and other civil-rights organizations, including Lambda Legal, the National Center for Lesbian Rights and the Transgender Law Center, announced they asked District Attorney Greg Totten to try McInerney as a juvenile.
"We are saddened and outraged by the murder of junior high school student Lawrence King," the groups' statement read. "At the same time, we call on prosecutors not to compound this tragedy with another wrong. We call on them to treat the suspect as a juvenile, not as an adult."
The groups' statement called for the alleged perpetrator to "be held accountable for his actions. But we support the principles underlying our juvenile justice system that treat children differently than adults and provide greater hope and opportunity for rehabilitation."
There was no immediate response from the district attorney's office.
McInerney is scheduled to be in court for arraignment on May 8.
Among the groups that signed the statement were the American Civil Liberties Union of Southern California, Equality California, Gay Straight Alliance Network, Los Angeles Gay and Lesbian Center, and the National Gay and Lesbian Task Force.





Posted by Pogmothoin on April 15, 2008 at 12:12 p.m. (Suggest removal)
Hopefully the DA's office will take a look at all the factors in this case before making a decision. My personal opinion is that he should not be tried as an adult.
Posted by ndebiasio on April 15, 2008 at 12:21 p.m. (Suggest removal)
Any 14 years old has had enough life experience to KNOW that murder is totally unacceptable. They should also have the "guts" to stand up and be accountable for their actions. Trial as an adult is correct and called for.
Posted by JC on April 15, 2008 at 12:57 p.m. (Suggest removal)
He needs to be tired as an adult. Outsiders need to stay out.
Posted by JC on April 15, 2008 at 12:59 p.m. (Suggest removal)
I will also write the D.A. and explain to him that I am a voter who votes on his job, NOT some national organization.
Posted by lettyalvar on April 15, 2008 at 1:13 p.m. (Suggest removal)
I too vote and many members of my family also vote here in Ventura County . We are in agreement that Brian be treated as juvenile that he is and have the opportunity to a future. We all need hope to change without hope why bother.
I hope Mr. Totten looks at the whole picture. I do not belong to a coalition but I suuport their efforts.
Remember individuals make an organization that consist of voters.
Posted by lescornejo on April 15, 2008 at 1:16 p.m. (Suggest removal)
I do not believe he should be tried as an adult. If you follow the logic above, then age should NEVER be considered when trying a crime.
As has been pointed out in past blogs - why have a drinking age, why have a voting age, why have a driving age, if at age 14 you have the judgement of an adult?
I am a high-propensity voter.
Posted by lettyalvar on April 15, 2008 at 1:17 p.m. (Suggest removal)
I am sorry that I wrote Brian I meant Brandon
Posted by req_Q_katz on April 15, 2008 at 1:19 p.m. (Suggest removal)
Try him as an adult - he was adult enough to plan the shooting and carry it out. Not only did he take away a young man's life but he devestated an entire community. Why is there even a question???
Posted by Face on April 15, 2008 at 1:24 p.m. (Suggest removal)
A child killed another child. Try them as a child. Everybody wants to try every child as an adult no matter what nowadays it seems. Our society is callous.
Posted by george1234 on April 15, 2008 at 1:52 p.m. (Suggest removal)
Face99, that's because at 14 years old, you know the difference between right and wrong. He planned, executed and fled the scene of this murder. It's not like he spray painted some wall. HE KILLED SOMEONE. If he is tried as a juvenile he can only be imprisoned until the age of 25. Then he HAS TO BE RELEASED from the California Youth Authority. At that time he is a free man and paid his debt to society. You want this guy walking around at age 25? If tried as an adult he can be sentenced to life in prison, of course he will be in a juvenile facility until he is an adult.
Posted by zoezoe on April 15, 2008 at 1:53 p.m. (Suggest removal)
He kills like an adult. He should be tried like an adult.
Facfe99 and others. Your bleeding hearts have created the juvenile problems we have.
Posted by 805grl on April 15, 2008 at 1:57 p.m. (Suggest removal)
At 14 I knew what murder was, I knew it was a horrible thing to do to someone..NO EXCUSE!
Try him as an adult! No chances -he gave the victim no chance at all!!
Posted by richardg on April 15, 2008 at 2:08 p.m. (Suggest removal)
Hes a kid
made a horrible mistake
we all are sinners
"He who has not sinned may cast the first stone"
Only God can judge
Posted by richardg on April 15, 2008 at 2:12 p.m. (Suggest removal)
"Nothing really matters
Just be honest babe!
It hurts, but it may be the only way!!!"
-Kanye West
Posted by Pogmothoin on April 15, 2008 at 2:12 p.m. (Suggest removal)
No good can come trying him as an adult. He needs help. Locking him away does nothing but cost money.
Posted by FedUp on April 15, 2008 at 2:20 p.m. (Suggest removal)
"made a horrible mistake"
no, he murdered someone in cold blood. that was not a mistake. he meant to do what he did.
with this kids history (thanks to his parents) he NEEDS to be tried as an adult. a small amount of time in the CYA will only send this guy back into society with a large chip on his shoulder, and many new lessons learned about crime. I guarantee you, that if he is ever released from prison, he will continue to be a burden to society.
Posted by theonlycapsfan on April 15, 2008 at 2:25 p.m. (Suggest removal)
richardg-
True, we are all sinners and therefore all deserve death, but by the grace of God some will be saved.
Others can judge too... not just God
An eye for an eye and a tooth for a tooth
Posted by cmnelson7890 on April 15, 2008 at 2:29 p.m. (Suggest removal)
He is a youth NOT ADULT. Everyone need to think if it was your child sitting there. Sure he made a mistake, Sure it was VERY Bad. But, Did any of you EVER MAKE A MISTAKE? Some of you would never tell if you did. This would be a Big Mistake to treat him as a Adult. Was the young man that died a Adult? I sure his family don't think so. They are VERY YOUNG BOYS. I hope and Pray that GOD BLESS and HELPS both Families.
Posted by Pogmothoin on April 15, 2008 at 2:33 p.m. (Suggest removal)
Now don't get all Old Testament on us. If we really want to make something good come out of this, we need to find a way to turn this kid around so that he does something good with his life. Locking him away is just a waste.
Posted by steveb36701 on April 15, 2008 at 3:08 p.m. (Suggest removal)
For crying out loud, there is no "alleged" about this horrible act. Brian is not a "suspect" in the murder. There is no question that Larry is dead, there is no question that Brian did it, and as far as I am concerned they should not even bother wasting taxpayer money so all these groups that are part of a so-called coalition can testify and further their own agendas. Hopefully, the DA will not cave in to the "politically correct" pressure and put the little b****rd away for life. He can then join Throop and Sessan whining about the injustice of their sentences despite the fact that they each sentenced others to the death penalty and acted as executioner. Quit making excuses for bad behavior. I challenge any of the BHLs to go to any elementary school and ask the average second grader whether or not it is OK to murder another person in cold blood. That's about the age that psychological experts say the personality along with morals and values are all formed. Don't tell me a 14 year old doesn't realize the magnitude of the crime, along with being "adult" enough to plan in detail and carry it out. Put him away for life and keep him away from society.
Posted by Face on April 15, 2008 at 3:09 p.m. (Suggest removal)
I have never been called a "Bleeding Heart" in my entire life. Anyone who reads my posts know that I am cold and calculated. Why, if I was the Governor.. I would empty death row out in weeks, executing convicts 1 every 5 minutes if I had to. No Adult would kill someone because of an advance was made on them that somehow was embarrassing. I am sure most people had at least a thought of or fantasized about hurting a bully or someone who had embarrassed them publicly when a child? I think trying kids as adults is reserved for when the kid shows wanton disrespect for life, IE. shooting a kid for his shoes, gangsterism. Not for when they commit dire crimes that basically only a kid would do.
Posted by hope on April 15, 2008 at 3:20 p.m. (Suggest removal)
I think that he should be tried as a youth and not an adult. I also think that the paper should report that Larry was targeted because he was harassing Brandon, not just because he was gay. Everyone at school knew this, just ask.
Posted by lescornejo on April 15, 2008 at 3:24 p.m. (Suggest removal)
I promise you, he will suffer in the juvenile justice system. Throwing him into the adult system where he can be victimized should not be condoned by a civilized society.
Posted by FedUp on April 15, 2008 at 3:44 p.m. (Suggest removal)
Face99 - I normally agree with you, and yes, you are cold and calculating. haha.
"No Adult would kill someone because of an advance was made on them that somehow was embarrassing."
I believe it was the Jenny Jones show, or some other afternoon talk show nonsense that had someone come on to meet his secret admirerer, only to find out it was a dude. he was peeved and embarrased. pretty soon after that, he killed the guy who had a crush on him. and yes, they were adults.
I personally dont think this kid BRANDON, not Brian is ever going to be a good person. he is a bad seed. look at his upbringing. violence has been ingrained into him his entire life. he deserves to be locked away for life.
I do think that death row would be empty inside a week, if I were in charge of that as well.
Posted by steveb36701 on April 15, 2008 at 3:54 p.m. (Suggest removal)
FedUp, sorry, I had a senior moment there. You're right, I meant Brandon, not Brian.
Posted by 805grl on April 15, 2008 at 3:55 p.m. (Suggest removal)
Im sorry but these "violators" who grow up in the system rarely come back into society ready to give back and do great things!
They usually come out with more insight on how to work the system, and will head right back where they were- Prison! Then when he is a "full grown man" we will wonder why we didnt keep him locked up when we had the chance! He is a murderer!!
Posted by daugtherofimmigrant on April 15, 2008 at 4:06 p.m. (Suggest removal)
cmnelson7890 - I personally have made a few mistakes and paid the price, but I have never KILLED anyone, of course as a parent I wouldn't want my son to be in jail for the rest of his life, but what if my son was killed you best believe I want that 14 year old to rot in it. Lettyalvar? What about Gary's opportunity for a future?
Nothing really matters??????
Just be honest babe!??????
It hurts, but it may be the only way!!!"??????
Nothing Matters?? a young boy was killed because he liked another young boy??? Yes it does matter!!! THIS BOY WAS SHOT WITH NO CHANCE TO DEFEND HIMSELF!! HE IS DEAD!!!!
Posted by golfbalz24 on April 15, 2008 at 4:07 p.m. (Suggest removal)
My question is where do you draw the line then? 8, 9, 10, 11, 12, 13, how young is too young to be tried as an adult? All you people out there saying he should be tried as an adult, please give me an answer on what age to children officially become adults.
Posted by TimeArrow on April 15, 2008 at 4:12 p.m. (Suggest removal)
It remains my strong conviction that the adults who encouraged Larry to "express himself" contributed to the horrific event to follow. I'm not saying that this excuses Brandon's behavior, so don't read something else into this. They set the stage by using Brandon and Larry as a social experiment while each was still seeking self identity. There are still unanswered questions ... but those questions can only be surfaced publically if Brandon is tried as an adult. I wonder if coalition members want to keep the case in juvenile court to prevent public disclosure of the events leading to the shooting.
Posted by Pogmothoin on April 15, 2008 at 4:15 p.m. (Suggest removal)
If we never try, we'll never know what Brandon could make of his life. We know exactly what will happen if we lock him away forever.
Posted by dom_kenpo on April 15, 2008 at 4:23 p.m. (Suggest removal)
The problem here is the law. By no means am I making a statement of opinion one way or the other, but the law is pretty clear about the definition of an adult. If the general consensus as a population is that someone of this age responsible for their actions, they should also be afforded the rights and responsibilities as an adult.
If exceptions are constantly made to the law, why have law in the first place?
Posted by bluefairy on April 15, 2008 at 4:31 p.m. (Suggest removal)
Why should this boy be tried as a juvenile, so that he can get out in 10 years and have a future? His victim can't climb out of the dirt in 10 years and have a future. That's just absurd!
The suspect was 100% aware of what his intent was that day he pulled the gun out and shot the deceased. He chose to act as an adult, he should be punished as an adult.
jmo
Posted by bluefairy on April 15, 2008 at 4:40 p.m. (Suggest removal)
cmnelson7890 - you posted "He is a youth NOT ADULT. Everyone need to think if it was your child sitting there. Sure he made a mistake, Sure it was VERY Bad. But, Did any of you EVER MAKE A MISTAKE? Some of you would never tell if you did."
Um, I for one can proudly stand up and say I have made mistakes that I have learned from, which have helped to mold me into the person I am today. BUT this was not a mistake. It was not a very bad mistake. And definitely not a "mistake" I have made or will ever make.
If this were my child, I would be praying to God for mercy - for being the type of parent that has neglected my child, resulting in a hateful crime. I sure wouldn't be sitting here saying it was a mistake and he's just a boy.
Posted by bluefairy on April 15, 2008 at 4:45 p.m. (Suggest removal)
Face99 - you posted "No Adult would kill someone because of an advance was made on them that somehow was embarrassing... Not for when they commit dire crimes that basically only a kid would do."
I respectfully disagree with you on that point. I believe that there are many adults that would commit this type of crime. Heck, I'm going to Google it and if I get results that back you up, I will respectfully apologize for disagreeing.
Posted by BeaHappi on April 15, 2008 at 5:07 p.m. (Suggest removal)
If he's tried as an adult and convicted, would Brandon go to a juvenile facility until he was an adult? And then be transferred to an adult prison?
Because I do get lescornejo's point about what would happen to a 14-year old in an adult prison.
Honestly, two lives were lost that day. What would rehabilitation mean for Brandon? Would he ever be able to move past taking the life of a classmate? And what exists in his heart that made murder seem like the best decision?
This wasn't some freak accident or random thought. He made a plan and carried it out and it resulted in the death of another. Sometimes you don't get a do-over.
This is just sad no matter how you look at it.
Posted by Face on April 15, 2008 at 5:11 p.m. (Suggest removal)
Adults behaving like children and killing is an adult crime. Kids behaving like children and killing is a children's crime. If an adult behaves like a child, that doesn't mean a child acting like a child is the same thing.
Posted by ca1129197877 on April 15, 2008 at 6:03 p.m. (Suggest removal)
Everybody's comments are reasonable, but i really think the 14 year old boy that shot larry should be treated as an adult, just because he knows what right and wrong is and he knew it was wrong to shot larry, the way he did but he did it any way, i think the 14 year is getting a big break because he's white, but if it was a hispanic, or black person we would be put in jail and tried as an adult, now i really hope this D.A. Totten know exactly what he's doing, because this could be called as a racial and favortisme, now i'm not racist or anything like that, i'm just saying the truth, he principal of this comment is to tell everyone, stand up for your rights,and know your rights someone needs to send this case to the public and everybody like the mayor, the state, it's not fair if he was mexican or black or hispanic we would be tried as adult. lets get the message out treat everyone equal, DO THE CRIME DO THE TIME!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Posted by steveb36701 on April 15, 2008 at 6:24 p.m. (Suggest removal)
"We know exactly what will happen if we lock him away forever."
Yes, indeed we do. We know that he will never again commit cold blooded murder on an innocent person. That, to me, is a WONDERFUL thing to know.
Posted by catlover on April 15, 2008 at 6:25 p.m. (Suggest removal)
A 14 year-old will be housed in the Youth Authority, and when he turns 18, he will go to prison for the remainder of his time. That is if he is tried as an adult.
THere is nothing to vote about this. We voted awhile back for children age 14 and above should be tried as an adult based on the crime.
This crime is horrific, not just an accident or a "mistake" as some call it. Brandon McInerney took a life away. There is nothing rehabilitative for him but to place him outside of society for the rest of his life.
For those of you that believe he should be tried as a juvenile, put yourself in Larry's shoes. He deserves justice and that is what our Justice system is for.
Posted by steveb36701 on April 15, 2008 at 6:30 p.m. (Suggest removal)
Bea Happi - under California law, if I remember it correctly, if he is tried as an adult and found guilty, sentenced to, let's say 25 to life, he would be in a youth facility until age 18 and then transferred to a state prison.
Posted by bluefairy on April 15, 2008 at 7:20 p.m. (Suggest removal)
The juvenile laws are constantly changing but I do believe that a minor will be held at CYA at least to age 18, but no longer than age 25.
Posted by Pogmothoin on April 15, 2008 at 8:04 p.m. (Suggest removal)
At some point we'll realize that locking children away is not the answer. There is so much anger and hatred in the comments and very little love and compassion. It must be cold in such a black and white world that many of you live in.
Posted by catlover on April 15, 2008 at 8:32 p.m. (Suggest removal)
You talk about love and compassion but in our society, we have to have a zero tolerance for killing others. Those that suggest that "kids" need these second chances, yes maybe, but in this case no. He deserves prison time. This isn't a kid was "at the wrong place at the wrong time", he planned to kill Larry.
"Locking away children".....this is a murderer.
Posted by Pogmothoin on April 15, 2008 at 8:54 p.m. (Suggest removal)
I never said he was at the wrong place at the wrong time. By all accounts neither of these kids had a good home life. Is it so wrong to think that maybe his parents failed him and that we as a community are failing him now? Thats really what these coalitions are saying, that maybe we as a community can save this kid. He doesn't have to be another useless convict.
Posted by keepin_it_real on April 15, 2008 at 9:12 p.m. (Suggest removal)
cmnelson7890--I agree with Noah_Bennett. For heavens sake, of course we all make mistakes, but this was murder. Come on!!!
This kid obviously planned and carried this out just like an adult.
Yes, we all make mistakes. Mistakes we learn from and some mistakes may hurt others, but not intentionally.
This young man used a gun and took another life and knew what he was doing. This was not an accident. It was intentional.
I say he sould be tried as an adult.
Posted by Rob_Dawg on April 15, 2008 at 9:38 p.m. (Suggest removal)
The point is moot. The DA has already determined that Brandon is not an adult by placing him in juvenile custody. If the DA is honest then move him to adult lockup. That won't happen because it would be cruel and inappropriate. The only thing left is for the DA to accept their own opinion even though it looks like coddling.
Posted by targeted on April 15, 2008 at 9:40 p.m. (Suggest removal)
Lets hold the Gay and lesbians accountable for encouraging this young man to be openly gay in what everyone knows is a hostile enviroment.
Posted by denanas99 on April 16, 2008 at 12:04 a.m. (Suggest removal)
The reason for trying Brandon as an adult is to punish him for a longer term than the 10 years he would get as a juvenile. It does not mean he would automatically get the death penalty but it is a possibility, he could also get 25 yrs. to life. These are things a jury would have to agree upon. Brandon cannot be placed in an adult prison at least until the age of 18. Until then he would be at a CYA. At the age of 14 he cannot physically nor mentally protect himself from other inmates. I'm not saying that justifies why he should be tried as a juvenile or that he should be. What I am saying is if he were to be tried as a juvenile he would only have to serve until he was 25 thats only 10 years and a few months. And I'm sure between his 18 and 21st years he would be moved to an adult prison But is that long enough for a crime such as murder?
We the people voted back several years ago that a 14 year old could be tried as an adult for a serious crime. Is murder in the 1st degree or at any level (1st, 2nd, or 3rd degree) not a serious enough crime to be tried as an adult? If not I would like to know what type of crime could be committed in order to be considered serious enough? This case will set the bar for future crimes committed by other juveniles that too could be considered as a serious adult crime.
Shooting someone in the back of the head in a classroom full of students was not an "accident" or a "mistake". Most accidents and mistakes are correctable and lessons learned... is murder on that same correctable level? Is Brandon to apologize, and we all pat him on the back and say its okay we understand the guy hit on you, any other 14 yr. old would have done the same thing. How about 10 yrs. in juvie and some rehab its all good. This took time and forethought. Just because this is a sad story doesn't mean we should easy up on the case.
The punishment should fit the crime and rehab in juvie doesn't seem like enough of a punishment to me. I'm not saying we should lock him up and throw away the key I just don't think 10yrs in juvie is a long enough sentence for such a crime as murder. And at that it would never be a felony it will always be a juvinile crime which means it will not effect his record as if it would if he were tried as an adult. Unless he were trying for a job that performs a serious background check this will never follow him around, unless he gets in to trouble again that is.
Posted by OxnardNative on April 16, 2008 at 6:04 a.m. (Suggest removal)
What if one of these kids were not gay? Then what? Let the courts do their job on earth. Let God continue to be the final judge.
Posted by freethought on April 17, 2008 at 4:17 p.m. (Suggest removal)
richardg: "Only God can judge"
Wrong, I can judge. You can judge. Judging is absolutely required for safety and survival. Stop knocking it, snce it keeps you safe.
Face99: "No Adult would kill someone because of an advance was made on them that somehow was embarrassing."
Sorry, but adults have done this. There are people serving time for doing what you just said they never would. One famous case in 1995 involved a man, Jon Schmitz, who was embarrassed on national television (Jenny Jones Show) when a gay man, 32 year old Scott Amedure, admitted he had a crush on 24 year old Mr. Schmitz. Mr. Schmitz murdered Mr. Amedure three days later in broad daylight.
(after typing this, I noticed that FedUp already mentioned this fact)
Pogmothoin: "It must be cold in such a black and white world that many of you live in."
No, just realistic. You also said, "...maybe we as a community can save this kid." Fine, but he needs to pay the piper first. If he stole some CDs, I'd be more open to more positive rehabilitation. We are talking cold-blooded murder here of someone who died for being different.
Posted by hotwildflower on April 17, 2008 at 4:35 p.m. (Suggest removal)
Everyone is saying at 14 he knew what he was doing was wrong and I agree, but I think what was lacking was the impulse control. There have clearly been studies that a person's brain is not fully formed to be able to control their emotions until they are in their 20's.
I firmly believe with my whole heart he should be tried as a juvenile.
It sounds like so much was ignored at the school because they were so terrified of addressing a taboo subject of homosexuality.
Posted by Pogmothoin on April 17, 2008 at 6:40 p.m. (Suggest removal)
Freethought - If he "pays the piper" for 25 years to life, there won't be anything worth saving. I wouldn't want the creature that comes out at age 40 or 50 walking the streets. If were going to abandon him to the prison system, it would be better for all it we just killed him.
Posted by freethought on April 17, 2008 at 9:03 p.m. (Suggest removal)
Pogmothian: "If were going to abandon him to the prison system, it would be better for all it we just killed him."
This is a case of premeditated murder. The death penalty is certainly an option I wouldn't be opposed to for this case. He put a bullet in another kid's head knowing full-well what that meant. I honestly do not believe someone with that level of hatred can be "saved".
Posted by Pogmothoin on April 18, 2008 at 8:33 a.m. (Suggest removal)
I guess we'll never know. Whether or not he get tried in juvi or adult courts, helping this kid is not in the cards. It only took 14 years to get him to that level of hatred. I'd like to think it would take the same or less to get him back. Oh well, anyone for tea and biscuits?
Posted by freethought on April 18, 2008 at 12:13 p.m. (Suggest removal)
Coffee for me, please.
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