Home › News › County News
Defense in boy's killing seeks juvenile justice
Teen, 14, shouldn't be tried as adult, lawyer, others say
Archives: Larry King shooting
Audio: 911 callA 911 dispatcher answers calls from E.O. Green School on the morning of February 12.
Listen »
Videos

Hundreds mourned Larry King at Westminster Presbyterian Church in Port Hueneme.
Watch now »
More
Video: Rainbow Alliance vigil »
Video: Shooting aftermath »
Video: School shooting »
Slide Shows

Photos from the scene. More will be added through the day.
View now »
More: Shooting at E.O. Green »
STORY TOOLS
More from County News
Tension was building at Oxnard's E.O. Green School weeks before a fatal shooting on campus.
Students say eighth-grader Larry King, 15, was teased for being gay and wearing makeup and high-heeled boots to school. Some said King teased other kids as well, at times chasing after boys on campus.
On Feb. 12, King was shot during an English class minutes after school started, and classmate Brandon McInerney, 14, was arrested a few blocks away. King later died in an Oxnard hospital, and McInerney was charged with first-degree murder and a hate crime.
It's a tragedy, McInerney's defense attorney said in an interview, but one he believes might have been avoided if someone had stepped in to help beforehand. Senior Deputy Public Defender William Quest said E.O. Green's administration knew about tension on the middle school campus and allowed the situation to fester — allegations the school district says are untrue.
Nothing could justify what happened, but, Quest said, "I think there were other causes that contributed to this and Brandon should not face the most severe punishment."
Three weeks after McInerney's 14th birthday and only days after the shooting, prosecutors announced he would be tried as an adult.
He faces 51 years in prison if convicted, but, Quest said, he hopes to persuade the District Attorney's Office to reconsider and move the case to Juvenile Court, where any punishment would be far less severe.
The environment at school, McInerney's background and scientific research examining how an adolescent brain develops are all factors in the case and need to be considered, Quest said.
Senior Deputy District Attorney Maeve Fox said Friday that prosecutors would consider whatever information the defense provides. They made a preliminary decision to try McInerney as an adult, she said, but they are investigating as well, and that work is ongoing.
So far, Fox said, nothing has been presented that would change their tack.
She declined to discuss details about the case or what specifically pushed prosecutors to try McInerney as an adult. But, she said, prosecutors consider all factors, including the nature of the crime, ages and personal backgrounds.
McInerney is scheduled to be arraigned in Ventura County Superior Court on May 8.
Issues between McInerney and King seemed to start after students and teachers returned from winter break.
They had both been at E.O. Green and even had a class together previously, but Quest said he's not aware of any problems until they came back from vacation.
It was then that King began dressing differently, becoming a focus of conversations on campus, Quest said.
Students have said they witnessed confrontations between King and McInerney in the weeks or days before the shooting, including King's teasing McInerney and telling him that he liked him.
McInerney perceived King's treatment as harassment, Quest said. Quest, however, declined to discuss any specific confrontations or issues between the boys. He also declined to say if McInerney ever sought help from an adult to deal with the issue.
Quest said he believes school administrators supported one student expressing himself and his sexuality — King — and ignored how it affected other kids, despite complaints. Cross-dressing isn't a normal thing in adult environments, he said, yet 12-, 13- and 14-year-olds were expected to just accept it and go on.
E.O. Green's dress code, which spells out requirements like navy pants and no steel-toed shoes, excludes "any clothing or hairstyle that distracts other students."
Jerry Dannenberg, superintendent of the Hueneme School District, said the school did not allow the dress code to be violated. He wasn't aware of anything in the code that deals with cross-dressing and said schools have to abide by laws that state children don't leave their constitutional rights outside of school.
Schools cannot stop behavior unless it causes "a substantial disruption," Dannenberg said, and he was not aware of any such disturbances before the shooting.
Fighting to get his client tried as a juvenile, Quest plans to provide the court and prosecutors information about recent studies into how the brain develops, including research showing that the parts of the brain that control reasoning and judgment continue to develop into a person's 20s.
If McInerney, who grew up in a troubled, violent home, had been 13 at the time of the shooting, it wouldn't even be an issue — his case would have been handled in Juvenile Court. And, Quest said, nothing happened in the fewer than three weeks between his 14th birthday and the shooting that would have turned McInerney into an adult.
People directly affected at the school, including teachers and students, also don't want McInerney tried as an adult, Quest said. Some students have collected scores of signatures on a petition saying just that. And a host of gay- and lesbian-rights groups issued a statement last week saying he should be tried as a juvenile.
Fox said the District Attorney's Office listens to such opinions and takes them into consideration but will not make a decision solely on public opinion.
"This case in particular has clearly struck a nerve nationwide," Fox said. "A lot of people have very strong, emotional reactions one way or another."
Not everyone has come out against trying McInerney as an adult. Greg King, Larry's father, said last week that he supports it.
Quest said he plans to file a motion challenging the constitutionality of trying McInerney as an adult.
He's not saying the majority of the blame should fall on school administrators, McInerney's background or anyone else, but "I don't think all the punishment should land on Brandon, who is a kid."


Posted by captainbob on April 20, 2008 at 12:58 a.m. (Suggest removal)
If Brandon is tried in Juvenile Court, then all gang members under 18 should be tried in Juvenile Court. Justice should be applied equally, regardless of race or social status.
I am sure that if the shooter had been a gang member, the whole town would be begging for a public hanging.
Posted by AxioM on April 20, 2008 at 4:27 a.m. (Suggest removal)
WoW Capt. Bob, I completely concur.
Whenever you see the stories about kids tagging, bloggers not only want to lynch the kids but their parents too! I think in this case they are going to change their mind and feel sympathy for the kid and would want to try him as a juvenile. Just like you, I'm all for him to be tried as a juvenile but lets not be hypocrits and pick and choose the kids who are considered "juvenile"
Posted by Face on April 20, 2008 at 7:58 a.m. (Suggest removal)
I think a clearer picture is starting to develop? What we have here is a larger older boy who dressed as a woman and was making public advances on the accused in front of his peers? This is not a hate crime, but some kind of revenge or honor-keeping killing. The school district had a dress code, dress codes have been held up as Constitutional all over the country. I cannot find one instance where a school dress code was invalidated for Constitutional reasons. And this is after the best judges and appellate courts have done their duty. (E.O. Green's dress code, which spells out requirements like navy pants and no steel-toed shoes, excludes "any clothing or hairstyle that distracts other students."). First, the Superintendent says, "the school did not allow the dress code to be violated." Really??? Then goes on to say, "schools have to abide by laws that state children don't leave their constitutional rights outside of school." And what laws are these that the Superintendent is talking about Exactly?? Two things this school did not do: 1. Enforce their OWN dress policy 2. Allowed a student to enter the campus with a handgun. The Superintendent tries to say that the dress code was never violated, but that flies in the face of the actual code. Well I say, if the code was not violated, why do we need the statement about making sure kids do not leave their "Constitutional" rights at the door?? What this indicates to me is that the district/Superintendent made a willful decision based on their own interpretation of "Constitutional Rights" to allow a particular student (not all mind you) to violate their own mandated codes and policies. This willful decision to abandon their own code seems to have to some degree attributed to the situation, and they are therefor culpable. My Post is not about trivializing the crime that has occurred or to discuss the ins and outs of any lifestyle, or to the damage to the local community. But I believe the Superintendent should step down immediately and that the district should be held accountable for its willful disregard of its own codes that could have possibly prevented this from ever happening.
Posted by mmshoot on April 20, 2008 at 8:02 a.m. (Suggest removal)
We Only Wonder who is doing the picking and choosing.
Sympathy and compassion must outweigh outrage and vengence. Justice must be balanced and thus admit judgment unto itself.
May all who seek comfort find it today.
Celebrate Freedom.
Posted by catlover on April 20, 2008 at 8:14 a.m. (Suggest removal)
Excuses, Excuses, Excuses---
When a 14 year-old person takes a gun to school, shoots another student in the back of the head, let's not make excuses about it.
Because the school didn't prevent it, because Larry was dressing like a girl, because the KILLER didn't have a fully developed brain, are ALL excuses.
McInerney made a choice to kill another person. It wasn't like he was "there" when someone else did it or was defending himself. 14 year-olds know between "right" and "wrong". His parents should be the ones to blame for raising a monster.
Posted by Face on April 20, 2008 at 8:25 a.m. (Suggest removal)
Catlover, that is ridiculous to the extreme. Nobody doubts a crime has been committed. Nobody is making excuses, but nothing is so cut and dry. The juvenile brain is different than an adult's. They are narcissistic and their peers opinions of them are VERY important to them. Has everyone forgotten what it was like to be a kid?? To equate this crime to someone who kills for money or fun should be in itself some kind of criminal simpletonism. Yes a murder has taken place, but to not look at the circumstances... who here would be willing to hang a 14 year old child without looking at the circumstances? Hello??
Posted by mmshoot on April 20, 2008 at 9:44 a.m. (Suggest removal)
cathater, excuses are the last resort of liars, cowards, and desperate animals. Blaming Brandon's parents will not rehabilitate him from his awful past. Nor will he "get better" if he spends the rest of a miserable life in prison.
Face99 is right. May I add that the juvenile brain develops on different schedules by different hosts of that brain. That is to say, there are biological and societal influences that affect the way a brain develops. This is not an absolute science; it is the study of our own surroundings and influences that comprise our decision making process.
Stripping a 14 boy of his inalienable right to experience embarrassment, scorn, scrutiny (both internally and externally), and reaching some sort of acceptance of the consequences of his actions denies him his universal right to seek contrition and forgiveness.
How do you know, catlover, that ALL 14 year olds know the difference between right and wrong? Why did you put the words "right" and "wrong" in parantheses? Did you know everything you know now when you were 14? I know I didn't. And hopefully I will know even more tomorrow. 14 is closing in on 4 decades for me to remember how I was at that age. Somehow, I do remember what it was like to be a child. Even in a hostile environment.
Posted by Common_Sense on April 20, 2008 at 11:23 a.m. (Suggest removal)
Do an adult crime, and the worst of them all in at a school with 100's of kids forever affected, you loose your right to ever walk among us. There is more than one victim in this senario...there were the kids who saw it, kids who were friends with both Larry and Brandon and those kids/parents who now have to live with the daily fear their child may not come home. Ask yourself what you would want done if it was your child that was murdered. I doubt many of you against trying him as an adult would have this position then....atleast if you are honest with yourself.
I would guess that there is much more to the story than what has been put out. Seems the defense frequently likes to release their spin to get the public fired up about their position while the DA keeps quiet until court. I think we have probably only heard a part of what the whole story is. Even so, I hope the DA and his staff have the courage to continue on the right path...any way you look at it this story is tragic.
Posted by steveb36701 on April 20, 2008 at 11:26 a.m. (Suggest removal)
"Stripping a 14 boy of his inalienable right to experience embarrassment, scorn, scrutiny (both internally and externally), and reaching some sort of acceptance of the consequences of his actions denies him his universal right to seek contrition and forgiveness.
So,it's OK for this 14 year old boy to strip a 15 year old of his inalienable rights to "life, liberty, and the pursuit of happiness"? No, what Brandon did is unconscionable, and, as I said in another post, a person's personality, values and morals are thoroughly developed by the age of seven. This was a premeditated, cold-blooded murder. Go to any elementary school and ask a group of 2nd graders whether this type of action is right. I would be willing to wager that not one would say yes, given the circumstances. This criminal should be tried as an adult as the people of California mandated, and put away for 25 to life. He will then have plenty of time to "seek contrition and forgiveness".
Posted by Face on April 20, 2008 at 11:43 a.m. (Suggest removal)
Answer this question fools, who among you wants to be the executioner of a child without taking into consideration the circumstances? Speak up, but speak clearly, don't beat around the bush. And Steveb, where are your sources that 7 year olds have fully developed brains and psyches? And where is it stated that a crime is more punishable because of the number of witnesses? Sick foolishness.
Posted by mmshoot on April 20, 2008 at 12:19 p.m. (Suggest removal)
Well, I don't know if it is "sick foolishness" but it is certainly off-track. Common_Sense is on-track; the public and media should not try this case and issue a conviction without weighing all of the significant facts available. To ask me if I would pull the trigger on the kid who pulled the trigger on another kid is sort of moot. I would volunteer to sit on the jury and (if asked)pull the trigger on Usama Bin Laden, for example. But I don't think that would be a pleasant experience. As for how I would decide Brandon's fate, I am unconvinced that I have all the facts I need to make a decision.
How about this scenario, folks? Try him simultaneously as an adult AND a juvenile at the same time. In the same criminal court. With the same agreed to observers (mutual consent between plaintiff(s) and defendant(s), prosecution and defense) presented with common evidence. Two juries could be empanelled on both unique criminal trials at the same time. Of course they could not intermingle. Sequestering all of the parties involved would be difficult to accomplish. But it might just work in cases like this.
Posted by freethought on April 20, 2008 at 12:27 p.m. (Suggest removal)
Wow! What a strong debate we have going here. Quite interesting to see everyone's side and justification. My wife and I are even on opposite ends. She feels that a 14-year-old does not have a fully developed brain, and thus should not bear the brunt of responsibility - at least no on an adult level. My opinion is that, while Brandon may not yet be mature and able to make the right decisions for his best interest, to decide that death by gunshot was the only recourse to stop Larry's teasing and advances shows much more than a lack of reasoning ability - it seems to show a deep-pitted anger could have lead to the same thing or much worse down the line. If Brandon had simply beat the kid up for chastising him, I would have figured Larry had it coming. To resolve to kill the boy brings this matter to a whole different level of criminal intent.
On the still-deleloping brain subject: Study after study has shown that the average age of full maturity happens at approximately 25 years of age. Given those findings, are we to consider anyone under the age of 25 a juvenile and try them as such? I think most of you would be on the "No" side of that question.
Just my thoughts on the matter...
Posted by VOR on April 20, 2008 at 12:33 p.m. (Suggest removal)
Face 99, who is the fool. Seems to me you are if you think this was Larry's fault. To correct your first posting, Larry although older was almost a foot shorter then Brandon, so he wasn't the "Larger Older Boy". Fact is he had just turned 15 a few weeks before as well so was closer to 14 like Brandon being closer to 13.
I cannot understand this free pass that people want to give to Brandon. This was no accident, this was not a case of kids playing with guns and someone getting hurt accidentally. This was a case of pre-meditated murder. He thought about the murder days before, told his friends about the murder days before, had days to think about killing Larry and how to carry it out. If this is not a clear cut case of cold blooded murder then I don't know what is. This is what proposition 21 was written to cover.
I sure as hell don't want him or someone like him in school with my kids, and I hope that other kids will get a message that there are no free passes for the crimes they commit. This has to stop somewhere and I cannot see a clearer cut case of cold blooded murder where an adult sentence is more justified then this one.
As far as the LGBT groups wanting to show compassion, that is a crock if I have ever seen it. They are pusing their own agenda and working both sides of the debate. I got news for them, there is no hate crime statutes in the juvinile justice system, so they can't have it both ways. Perhaps if they didn't "counsel" Larry to be so free and open he would still be alive today. Apparently he was not open about his sexuality until the Ventura Rainbow people got their hooks into him.
I still want to know why Brandon's father is out on the streets trying to get people to sign petitions. It was his gun that Brandon used to kill Larry. Isn't there a state or federal law that states that guns must be secured by trigger locks and in a lock box environment if there is a minor person living in the house. Seems to me the father should be sitting next to his son in county jail right now thinking about his part in this execution. From what I heard, Brandon even had his choice of 2 guns, but he chose the smaller one so it would not be as obvious as he brought it into school. Sound like he was mature enough to understand that and make a choice.
Even 10 year olds know that killing is wrong, know that guns are dangerous, and know that if you shoot someone in the head they will die so a 13/14 year old knows this even more. Brandon was a Jr. Marine, I am sure they teach about respect for firearms and firearm safety there as well. No I am sorry, there is no free pass here. He did the adult crime so should be tried as an adult. His father should be tried also as he is also to blame for this mess.
Posted by freethought on April 20, 2008 at 12:33 p.m. (Suggest removal)
mmshoot - Interesting scenario you've proposed. I'm sure that VC judicial system wouldn't go for it due to alck of both precedence and funding, but very interesting none-the-less.
Posted by freethought on April 20, 2008 at 12:37 p.m. (Suggest removal)
I meant "lack", not "alck". Sorry.
Posted by mmshoot on April 20, 2008 at 12:39 p.m. (Suggest removal)
Yup. 25 sounds about right, as memory serves. Deny me of being able to drive at 16, smoke and get drafted at 18, drink a draft beer at 21...then I gotta draw the line somewhere. I don't think we can ever know where to draw the line for justice being served.
Posted by bluefairy on April 20, 2008 at 12:44 p.m. (Suggest removal)
"And, Quest said, nothing happened in the fewer than three weeks between his 14th birthday and the shooting that would have turned McInerney into an adult."
California voted that 14 was the age to charge as an adult. Because of that fact, McInerney turning 14 turned him into an "adult".
McInerney knew what he was going to do and knew what the outcome would be. Some reports even state that he had told other kids that day would be King's last day. You can't expect me to believe that McInerney had no clue what he was doing when he took the handgun to school, walked up behind King in a classroom and shot him in the HEAD, then ditched the gun and ran.
I don't care about the circumstances that led up to the killing. Fact is that he KILLED him. No way to rewind that. No one will be waking up and saying "what a horrible dream I had".
McInerney not only has screwed up the rest of his life but he has emotionally scarred the lives of the teacher and students in that classroom at the time of the shooting, along with the staff, students and parents of EO Green. He committed an extremely selfish act and it ended in a tragedy.
He may have come for a bad family but that is no excuse.
Posted by bluefairy on April 20, 2008 at 12:49 p.m. (Suggest removal)
*should read "may have come from a bad family"
Posted by juandeveras on April 20, 2008 at 1:06 p.m. (Suggest removal)
Interesting that King, residing at Casa Pacifica, a facility for kids with serious problems which received in the neighborhood of $6000.00 per month to both care for and school this kid, was somehow allowed to attend pro-gay meetings some distance from Casa Pacifica [ he couldn't drive ], was allowed to attend school at E.O. Green [ who was Green's staff dealing with at Casa Pacifica - Casa Pacifica had a school for King - did E.O. Green just want the extra funds from the state ?]. Casa Pacifica has prominent members of the community on its board, including a collection of lawyers. Note that Casa Pacifica advertises on its web site that it cares for "abused, neglected and severely emotionally disturbed children and adolescents " in the Tricounty area.
Posted by B8R_N4MD on April 20, 2008 at 1:21 p.m. (Suggest removal)
If he is convicted in Juvenile Court he will serve only until he is 25 years old, and his file will be sealed. Only 11 years for murder! If he is convicted as an adult he will more than likely serve up to 50 years, that being served in a juvenile facility until he turns 18, still allowing him parole and the ability to live freely once his time has been served. His victim has been denied that right. The suspect decided he would be judge and jury and sentenced him to death.
I strongly believe 11 years is not enough punishment for premeditated murder, even for a 14 year old.
Posted by OFD_Wife on April 20, 2008 at 1:44 p.m. (Suggest removal)
Juan...your entire post is inaccurate!!! Where do you get your information? The same place the star gets it's??? Casa Pacifica is an emergency shelter that houses abused and neglected children in three of the five cottages. The other two cottages are residential treatment facilities. Larry was in the shelter. Casa Pacifica has an NPS school you obviously have no clue about. Larry did not qualify for NPS!!! Get your facts straight. You don't even know the correct amount "6,000" nice guess but if you have the correct information, state the correct amount.
Posted by mmshoot on April 20, 2008 at 2:15 p.m. (Suggest removal)
What is an NPS school?
Posted by OFD_Wife on April 20, 2008 at 2:18 p.m. (Suggest removal)
Non Public School
Posted by Face on April 20, 2008 at 2:29 p.m. (Suggest removal)
VOR seems pretty articulate for someone who cannot read my posts. But VOR is correct, I would be a fool if I thought the victim was responsible for this crime. I agree with VOR that if the perpetrator obtained the gun from a careless adult, that they should be indicted immediately. I haven't read anywhere that it be suggested the perpetrator not be prosecuted, not sure what Free Pass means I guess? But really VOR, "I cannot see a clearer cut case of cold blooded murder where an adult sentence is more justified then this one." A little artistic license, or are you really that out of touch? Killing a person without provocation because of his color, or because he was behind on a drug payment, or because he has a red hat on would not be a greater crime VOR? And Bluefairy, "I don't care about the circumstances that led up to the killing." A real bunch of cosmopolitan sophisticates here. O.k. then, let's say you are all right and lets take 14 as the Rule vs. 7 as some fellow sophisticates have suggested and make that the age of Majority. 14 year olds should then certainly be able to purchase alcohol, drive vehicles, enter into binding legal contracts, vote, serve their country, and of course be tried as an adult for any criminal offenses. After all, if one can be tried and executed as an adult, shouldn't they be considered an adult and have those adult rights? I just want to know which of you sophisticates want to perform the execution of this child "I don't care about the circumstances that led up to the killing."? Who among you can bloody your hands without taking into account the circumstances and be able to meet their maker and explain? I would love to know which ones would consider themselves followers of Christ that is for sure.
Posted by steveb36701 on April 20, 2008 at 3:20 p.m. (Suggest removal)
Face99, to answer your question, I learned that fact while enrolled in graduate school, Cal lutheran University, taking a course in Adolescent Psychology. No one is saying that a 14 year old's brain is completely developed HOWEVER, by that age a person definitely has a sense of right and wrong and the morals and values to make the distinction, Some people are just making excuses for bad behavior which is one of the biggest problems in our school, and our society. The so-called experts are more concerned with the little darling's self esteem then whether they learn to function in the real world. Well, welcome to the real world, Brandon, and I hope you learn your lessons well. With any luck you will have 25 to life to reflect on your underdeveloped ability to distinguish the difference between right and wrong. You were definitely wrong and now you should pay the price.
Posted by mmshoot on April 20, 2008 at 3:35 p.m. (Suggest removal)
I can't argue with that post, steveb. You may be an NPS teacher or a PS teacher but you have taught us older folks a lot in your analysis of the current situation.
Posted by Common_Sense on April 20, 2008 at 4:56 p.m. (Suggest removal)
Each and every one of you ask yourselves if, at 14 (or any age for that matter) you would have even though about bringing GUN to school and then use it to shoot another kid. 14 now folks that's eighth or ninth grade. I faced confrontations and embarrasing situations in school as most of you have. Heck, I remember getting in a fist fight with a guy when I was 15 (ninth grade) revolving around an issue where he was spreading false rumors about me. Was my reaction right? NO...but it is a FAR CRY from taking one of my dad's guns (we had a few) and shooting the dude. I am certain that had this situation occurred one year earlier, it would have been the same outcome....as SteveB has stated, your grasp of right and wrong develops long before you are fourteen especially when is surrounds shooting someone....Today, in my late 30's I am sure I would not have gotten in the fist fight like I did over 20 years ago but there is NO WAY my moral compass would have ever told me it was okay to do what Brandon did. NEVER. And so this brain development argument can go on and on...it ultimately gets back to my original post. He made an adult decision and thus should face an adult punishment. Larry is dead, not suffering from a black eye and bruised ego...and hundreds of kids/parents will be suffering from Brandon's disgusting decision for the rest of their lives. I notice not one of you critics has addressed what you would want done if it was your child. Probably because if you answer honestly your answer would not jive with your position.....
Posted by Tom_Johnston on April 20, 2008 at 5:32 p.m. (Suggest removal)
I am uncomfortable with the concept of trying children, even teenagers, as adults. Many prior posts have discussed this.
I would have less trouble, if the subsequent incarceration was with individuals of similar age. Throwing a 14-16 year old in with 40-50 year old lifers poses issues.
In this indivisual case....wherever the shooter is tried, or sentenced and sent to, is more humane and just that what was done to young Mr. King.
What taints all of this is all the posturing and rhetoric, and grandstanding that is exemplified by these boards. This moves the issue beyond the commission of a most dreadful crime, to that of a political football.
I am sure the political implications of such a horrific crime are not lost on our County District Attorney.
Were it my son who was shot...or was the shooter you can be sure that my opinions would would reflect that relationship...as it should. I would never, in either circumstance, wish for this tragic incident to be just so much political fodder and cause for pontification by so many.
Nothing will be gained by Mr. McInerney's sentencing...whereever it is made.
There is much to be gained by how we improve our understandings of how young people mature and the challenges they face in that process.
Posted by VOR on April 20, 2008 at 6:10 p.m. (Suggest removal)
Face99
"I cannot see a clearer cut case of cold blooded murder where an adult sentence is more justified then this one." A little artistic license, or are you really that out of touch?
I don't think I am the one out of touch. This was not an accident, this was not an inadvertant shooting that took place during the commission of a crime. This was a pre-meditated case of murder which was thought out in advance and carried out with planning and forethought. While the taking of a life under any circumstance is awful, the malice and forethought that goes into 1st degree murder was all here. So if you don't try this case as an adult, I can't think of too many other situations that would warrant it either. One thing that I think everyone is forgetting. Just because Brandon can be tried as an adult, does not mean that he will necessarily be sentenced as one. So why tie the judges hands in sentencing? The truth will come out and the judge will make the proper determination as to how the sentence is carried out.
This is a pretty open and shut case I would think, with 22 witnesess. It really doesn't matter what happened beforehand. The fact is nothing was happening at the moment or even in the previous hours prior to Brandon murdering Larry. There was no need for self defense, no immediate cause, no imminent threat, it was an assasination. Are you that blind to the facts?
Posted by steveb36701 on April 20, 2008 at 6:12 p.m. (Suggest removal)
"I would have less trouble, if the subsequent incarceration was with individuals of similar age. Throwing a 14-16 year old in with 40-50 year old lifers poses issues."
Tom, Even if he is tried as an adult and receives a sentence of, say, 25 to life, he will be incarcerated in a juvenile facility (CYA) until he is 18 (possibly 25) and then transferred to a state prison. The authorities DO NOT throw 14 year olds in with older hardened criminals.
Posted by freethought on April 20, 2008 at 6:21 p.m. (Suggest removal)
Tom, I must diagree with some of what you are saying. You indicated that we need to understand the challenges young people face. You and I were both the same age as these kids. We went through much of the same stressors (well, at least I did). The difference is that we did not solve our problems with a gun. I don't know about you, but there was an accessible pistol in my home when I was that age. The point being that we already know what these kids face, because we've been there ourselves. I think you are making this more convoluted than it really is.
As for saying that nothing will be gained by Mr. McInerney's sentencing. Of course something will be gained - justice. That's whether he's tried as an adult or a juvenile. Would you have the DA just let him go scott free?
Posted by VOR on April 20, 2008 at 6:26 p.m. (Suggest removal)
Tom_Johnston
A correction in case you misunderstand the term "Tried as an adult" It does not mean that a 14 year old will be tossed into a mainstream prison with adults. It means that if convicted, he will be sentenced to the California Youth Authority until a minimum age of 18 all the way up to 25. After that time he will remanded to a normal prison with people his age or older. If he is tried as a juvenile he will still go to the CYA with other people his own age, but can only remain there for until a maximum of 25 years old. At which time he will be released and his files sealed. As the others mention 11 years is a pretty short time for 1st degree murder. Hell you get more time then that for illegal dog fighting. It is up to the judge to determine the length of his sentence. If tried as a juvenile the judge cannot go longer then age 25. If tried as an adult he can go as long as he feels is required. I think a lot of people think that he would be tossed in with hardened old men in prison, when they hear tried as an adult, obviously this is not the case.
Posted by Face on April 20, 2008 at 7:37 p.m. (Suggest removal)
Is there a difference between simply seeing a cross -dresser and killing him for what he is, and killing him because he came on to you in front of your peers thus putting your juvenile sexuality in question in front of your juvenile friends? I think so, anyone else? The fact is, the mitigating circumstances must be taken into account when determining state of mind. The school district is partly to blame, and there need to be changes there like... Don't let kids bring guns on campus, and Do enforce your dress code on all students, and Do not allow open sexual harassment/advances. The last one is because I understand that the victim was fond of chasing boys on campus? I cannot imagine that that could have gone on unnoticed.
I cannot imagine what benefit there would be to try the perpetrator as an adult then sentence them as a juvenile? Is that supposed to be some kind of compromise? As far as 1st degree murder, I guess we will need to know more to say that for sure... as that goes to state of mind. If the perpetrator felt victimized or threatened, that could go to state of mind as well. There is no telling how someone will react when put in a Clockwork Orange type of situation.
Posted by bluefairy on April 20, 2008 at 8:11 p.m. (Suggest removal)
Face 99 - "14 year olds should then certainly be able to purchase alcohol, drive vehicles, enter into binding legal contracts, vote, serve their country"
Cold, calculated murder is on a completely different level of "adult" than any of what you mention, except for serving our country.
Posted by bluefairy on April 20, 2008 at 8:19 p.m. (Suggest removal)
and another thing Face99, no I do not care about the circumstances. There is absolutely NO justification EVER when a human being's life is taken. Whether it's by a juvenile or an adult. If I were to take a gun and shoot someone in the head, I guess I can blame it on the fact that my mother abandoned me at the age of 2 and since I didn't have a mother's love I am incapable of loving and don't know right from wrong. Or maybe I can blame it on my father, who had to work 3 jobs as a single father and since I was raised by a nanny, I don't know right from wrong. Oh wait, I think I'll blame it on my drug using, abusive family who tells me that being different is very bad and if you don't look, talk, think or act like me then I must do something to you?
Again, NO, I do not care what the circumstances were that led to murder. Call me what you want, just be careful because I might blame someone else...
Posted by bluefairy on April 20, 2008 at 8:29 p.m. (Suggest removal)
I will, however, agree that changes need to be made at the school level. If a dress code is in effect, then it must be adhered to. I believe I read, in earlier reports, that the code doesn't specify if only females can wear makeup, jewelry etc. Well maybe a revision to the code is in order. Spell it out and enforce it. With the sudden awareness of school shootings, maybe it's time the State step in and demand every school have metal detectors, whether it be walk-thrus or wands. And I couldn't agree more with the putting a stop to sexual harassment - but that calls for educating everyone about everyone's differences and sadly, we're years away from that.
Posted by freethought on April 20, 2008 at 8:32 p.m. (Suggest removal)
Face99 - I do agree that more should have been done to curb Larry's behavior. It seemed plenty of students and teachers took notice of it. All that you mentioned that should not be allowed, of course, was not ever allowed. It simply wasn't reported when it happened (based on previous articles).
That being said, it does not matter that he did what he did. Brandon had plenty of other recourse to take besides the planning and execution of homicide. As I said earier, he could have beat Larry senseless, and most would have understood his actions (not that I condone fighting). To indicate that Brandon's juvenile sexuality being challenged was a reason for temporary insanity-led murder is tantamount to saying that the Columbine tragedy should be excused and forgiven. What Brandon did was horrifyingly wrong and should be punished. A judge will ultimately decide what that level of punishment shall be.
Posted by chiques on April 20, 2008 at 11:13 p.m. (Suggest removal)
What ever happened to the registered owner of the weapon this minor used?
Posted by newshound on April 21, 2008 at 12:05 a.m. (Suggest removal)
I suspect that the protection of the public should be the primary concern here. This minor has done a very adult act by taking the life of another human being in a brutal and cruel way. If juvenile court means that he will be out of prison at a very young age, he will have the means and ability to kill again.
Posted by TheVeracious1 on April 21, 2008 at 1:05 a.m. (Suggest removal)
I find it ironic the number of self-righteous "adults" who keep insisting that Brandon should be tried as one. These emotionally charged hateful opinions lack maturity, sound judgment, and a solid sense of right and wrong, which explains why some can't grasp how clearly WRONG it is to try Brandon as an adult!
The DA's desire to try Brandon as an adult is showing the same level of disregard for human life as Brandon did that day. The difference here is, unlike Brandon, the DA IS an adult and we expect the DA to know better.
IF the DA's decision is based on FACTS that have determined that 14 year-olds have a level of maturity that makes it appropriate to be dealt with in adult court, and 14 year olds are to be held responsible, and to suffer the consequences of their own actions and decisions, if this is really the case, the DA needs to resign immediately!!
This political flip-flopping is a shameful embarrassment. If the DA considers Brandon at 14 is an adult, how can the DA explain becoming so "passionate" and convinced that since a 17 year-old was NOT an adult, a 17 year-old could NOT and should NOT be responsible for their own choices, actions and tragic consequences?
The DA can't have it both ways and remain credible.
Posted by freethought on April 21, 2008 at 7:09 a.m. (Suggest removal)
We sound hateful? We're not the ones with posts full of exclamation marks.
Posted by freethought on April 21, 2008 at 7:11 a.m. (Suggest removal)
By the way, which 17-year old are you talking about? To what story are you referring?
Posted by tiredofviolence on April 21, 2008 at 7:15 a.m. (Suggest removal)
DO AN ADULT CRIME - DO ADULT TIME. PLAIN AND SIMPLE.
Posted by Pogmothoin on April 21, 2008 at 7:25 a.m. (Suggest removal)
Prison isn't the answer for this kid. He has some serious issues and should be treated for these. There's not need to waste another life.
Posted by aerodc8 on April 21, 2008 at 7:51 a.m. (Suggest removal)
I'm glad to see the high level of involvement of the public in weighing in on this issue. I may be wrong, but there may be a reawakening of common sense in so far as how kids are being viewed in the justice system. There are a lot of valid points being made on both sides of this tragedy.
I do agree that even underage "gangbangers" do not necessarily belong in adult court all the time. However, there IS an important distinction to make. Anyone joining a gang is aware that regular violence may be required of him, and that just joining one means that an act of violence may be required to simply get in as an "initiation". I suspect that is one of the reasons a DA might be more aggressive in pursuing an adult venue. I've posted before that no one posting here has the full story as to what led to this shooting, though nothing excuses it.
As far as being fair as to race, I don't think white kids have any advantage at all here simply because any DA will be afraid of being called "racist" if he does NOT bring a white kid's case into adult court. White kids are much, much more likely to be charged with "hate crimes" and it's unlikely any white from a poorer background will have the political advocates or resources to "buy" him an advantage.
Though absolutely nothing justifies this shooting, I'm not sure Larry King was perfectly innocent in this either. Why did this school allow this situation to fester as long as it did? Of COURSE they deny any responsibility here, they always do. It seems to me they were far more concerned with their "commitment to diversity" than they were with any possible consequences. Since when are 11, 12, and 13 year olds ready to be exposed to issues like this in school? They should be concerned with learning, activities, sports and developing their social skills, not having the controversial issues of the day being pushed in their faces. If King was indeed taunting McInerney sexually, who the hell knows what might happen? Even allowing this boy to come to school dressed as a female should have been seen by any semi-competent administrator as being extremely provocative at the very least.
Posted by aerodc8 on April 21, 2008 at 8:06 a.m. (Suggest removal)
I keep reading here that McInerney knows the difference between right and wrong. I would hope so. But so do wives who shoot their husbands who have been suffering abuse from them and finally kill them. Is this an extreme analogy? Of course, but then again, they ARE adults, and often receive mercy at the hands of the justice system. A soldier who might kill a POW knows he is doing wrong, but he will still receive sympathy from much of the population because he was under stress from being attacked. Another extreme analogy? Sure, but again, he IS a fully grown man with professional training and surrounded by other grown men armed to the teeth who can also call down artillery fire and air strikes on their enemies.
I'm only using those analogies to make a point. Just what WAS going on here? Do kids possess the same emotional and psychological maturity as adults, who themselves can do things they would not normally do under certain conditions? I don't think anyone here is arguing for no punishment, but 50 years in prison? I don't know. This shooting didn't happen in a vacuum. McInerney didn't just, out of the blue, decide he just wanted to kill somebody and picked Larry King. I do think something else was going on here.
Let's face it - even adults who commit serious crimes are often given a break because of genuine mitigating factors in a crime. Also, none of us would dream of allowing a 14 year old to have consensual sex with the neighbor across the street, for obvious reasons. He simply isn't mature enough to make that kind of decision. Then why is he considered "mature" enough to be held to adult standards of accountability in a crime? When did he all of a sudden "become" an adult? It surely must be possible for this kid (and plenty of others) to be punished severely enough in the juvenile system. Why can't they be incarcerated for longer than 11 years?
14 year old kids do not reason along the same lines as adults. In the Texas polygamy case, authorites are claiming that even if 16 year old girls are giving their consent to be married, it still qualifies as abuse and a crime is being committed because they are too young, still minors, to be engaging in activity like this. Then why is it that if they are charged with a serious crime they all of a sudden assume all the reasoning powers of adults and can be held to those higher standards? Again, I don't think anyone here has advocated this kid not being punished, but there must be a better way to handle these kids than throwing all of them away. None of us knows the full story here, but even if McInerney's case ends up in adult court, which will probably happen due to political pressure to do so, a jury might well find for manslaughter or even insanity. I don't know.
Besides, who wants to be footing the bill when these kids are all elderly and we're paying for their Depends and false teeth?
Posted by Pogmothoin on April 21, 2008 at 8:10 a.m. (Suggest removal)
You had me until the depends and false teeth comment, and then I just started laughing.
Posted by 805grl on April 21, 2008 at 8:20 a.m. (Suggest removal)
I want to agree with the first comment from capatin bob...
But I also think if it were a hispanic or black gangbanger everyone would agree to send him away for life!! i doubt there would be issues about his age!! Because its a white kid, everyone wants to save him..
Posted by Pogmothoin on April 21, 2008 at 8:50 a.m. (Suggest removal)
805grl - I'm up for trying to save any kid, regardless of color. Maybe I'm in the minority.(Sorry for the pun)
Posted by freethought on April 21, 2008 at 9:19 a.m. (Suggest removal)
Pogmothoin - Although I don't agree with your view on this article, that last comment was funny.
Posted by mal1910 on April 21, 2008 at 9:28 a.m. (Suggest removal)
I believe that one of the biggest problems with our society is that no one is willing to take responsiblity for their actions. This applies to school administrators, parents, kids, EVERYONE. Stop pointing fingers and man-up to what you do.
Posted by TheVeracious1 on April 21, 2008 at 9:46 a.m. (Suggest removal)
TireoftheIgnorance - A simple-minded statement such as, "Adult Crime/ Adult Time" makes NO sense.
I suppose, curfew, truancy and underage drinking for example, would be considered "child" crimes since those laws don't apply to 35 year-olds. If knowing right from wrong is the grounds for labeling this an "adult" crime, most every crime then becomes an "adult" crime.
Taking this same "logic" a step further, most 7 year-olds are capable of knowing the difference between right and wrong. Are you suggesting we simply replace juvenile court with "toddler" court to only serve those under 7 years?
freethought - I was referring to that tragic incident a few years ago in NP 17-yo/shrooms/101 freeway.
Posted by freethought on April 21, 2008 at 10:13 a.m. (Suggest removal)
Varacious - Thanks for clarifying.
Posted by freethought on April 21, 2008 at 10:13 a.m. (Suggest removal)
I meant "Veracious"
Posted by shaver_one on April 21, 2008 at 10:18 a.m. (Suggest removal)
Here's a novel idea.
Let Larry King's father decide whether Brandon McInerney should be tried as an adult, or a junvenile. It was, afterall, his son that was shot in the back of the head, in an act of premeditated murder.
Posted by Face on April 21, 2008 at 10:34 a.m. (Suggest removal)
Really Bluefairy? What if you had been raped or beaten and intimidated? That should not be taken into account at all? Interesting viewpoint, so black and white.
Posted by aerodc8 on April 21, 2008 at 10:39 a.m. (Suggest removal)
I think 805grl is wrong here. There are plenty of white gangbangers out there, too. The fact he is white actually makes it easier to try him as an adult. Look at the "Jena 6" incident. All that was necessary for these kids to be kept in the juvenile system was for Sharpton to start screaming about it.
malf510 Kids ARE being held responsible for their actions. if anyone cares to check the sentences being handed down across the country these days. Sometimes I think they are the only ones being held responsible. In this case, the "adults" in that school apparently want to pretend that this all came from munchkin land and they couldn't do a thing about what was happening here which was crap. As usual, the only time folks wake up is after an incident like this happens.
shaver, this is why we have a justice system, so everybody won't be taking matters into their own hands. If we did, there would be a lot more corpses around, with idiots eventually doing each other in for all kinds of reasons, like Ned Flanders finally killing Homer for stealing his lawn mower. Oh diddly!
Posted by Pogmothoin on April 21, 2008 at 10:44 a.m. (Suggest removal)
Thanks Freethought.
Posted by Face on April 21, 2008 at 10:44 a.m. (Suggest removal)
805grl, you need to understand that racism is not involved here. The fact you think that way shows we have a long way to go to get rid of racism in this country. I guess you were brought up in the old days, come on and join us in the 21st century!
Posted by josess on April 21, 2008 at 11:16 a.m. (Suggest removal)
I think that a lot of you are just making excuses for this kid because of his age. If this was your child that got shot at point blank in back of the head would you people still feel the same way?
@#$% no you wont !!!!
you would want the worst punishment to be laid on the person who did it.
Honestly people, instead of trying to help this
kid out you should try educating your own kids that
all people are not alike and to learn to accept each other regardless of how the other person talks,dresses or looks.
Posted by carvergrid on April 21, 2008 at 11:59 a.m. (Suggest removal)
As a female, I just want to make a comment to people like Face99 who seem to be (not entirely, but somewhat) sympathetic to Brandon feeling "harassed" because Larry was "coming on to him." If sexual harassment on that level were even the tiniest bit of justification for a violent response, most people who grew up female would have killed about 20 people by now, and gotten in about 250 fights! Every time I passed a construction site I'd have to go off...
Just something to think about - most girls have to put up with heterosexual harassment on a daily basis, and while it's not condoned, it definitely isn't seen as a big deal like it is when a boy harasses another boy.
Posted by robert_s_hunter on April 21, 2008 at 12:13 p.m. (Suggest removal)
Very, very well put "aerodc8". I couldn't agree more...
Posted by 805grl on April 21, 2008 at 12:30 p.m. (Suggest removal)
Face99
I was raised in the twenty first century and I know there is racism out there!!
Ive experienced it first hand so dont tell me that has nothing to do with this, it plays a part!
If the shooter were a minority things would be easy, more would agree to send him away for life! Ive said all along, he needs to pay for what he did, try him as an adult!
Pogmothoin, Im sorry you cant "save the kid", he's already gone!!
Posted by Face on April 21, 2008 at 12:52 p.m. (Suggest removal)
State of mind Carvergrid, state of mind. A woman being harassed is one thing, but a juvenile male being harassed by a transvestite in from of their juvenile male peers is quite another. And who is to say how detailed or continuous this harassment was? There could be a lot coming out in trial to go to state of mind. Don't compare normal sexual harassment to Clockwork Orange please.
Posted by Face on April 21, 2008 at 1:10 p.m. (Suggest removal)
That is a huge lie 805grl, straight out. Where did you learn to be so racist? If you were right, there would be no chance a black man or a woman could ever be president. You need to open a history book and see what racism is. I was once turned down for a loan.. i guess it was because of my race right? Nope, my credit score wasn't good enough.
Posted by TheVeracious1 on April 21, 2008 at 2:22 p.m. (Suggest removal)
Anyone truly interested in gaining deeper understanding of how kids think and mature as they develop, should watch the "The Up Series" which is a facinating documentary that follows the lives of 14 people beginning in 1964. These kids were 7 years-old when first interviewed for the film (Seven Up). They and have been interviewed every 7 years since. (Seven Plus 7 Up, 21-UP, 28-UP, etc).
Posted by OFD_Wife on April 21, 2008 at 2:25 p.m. (Suggest removal)
Here's a novel idea.
Let Larry King's father decide whether Brandon McInerney should be tried as an adult, or a junvenile. It was, afterall, his son that was shot in the back of the head, in an act of premeditated murder.
HAHAHAHA-Shaver you crack me up.
Posted by aerodc8 on April 21, 2008 at 4:13 p.m. (Suggest removal)
I haven't seen ANYONE here "making excuses" because of this kid's age. Now, for those who believe that all the necessary moral equipment is in place well before 12 years of age, I would suggest we look at that case in Georgia last week where a bunch of 3rd graders came to school armed to the teeth with the intention of kidnapping and stabbing their teacher. Well, at 8 years of age it's "already in place" n'est pas? So, I think these little bastards should be strung up by their Buster Browns and tried as adults, just to "send a message" to the rest of all those underage desperadoes out there.
I mean, really, just what age do you all want to make as the cut off? After all, they all know the difference between right and wrong. Is there really no difference between the kiddies and adults? It's making things just great for the pedos out there these days, what with kids having their innocence destroyed at younger and younger ages, thanks, by the way, to the adults.
I have a great idea for a death penalty for toddlers, thanks to "Family Guy". Have the condemned felon sit on the toilet during potty training and pull out the safety seat, thereby drowning this budding danger to society.
Not one of us, including me, has the full story here. So, put away the nooses for now. As for "racism", look, white kids from poor families are probably the least likely to get a fair shake from the "justice system", not that McInerney should not be punished, and severely, for this. But don't worry, he will be. Prosecutors love these kinds of cases. Prosecuting kids is like shooting fish in a barrel, not that I agree with a life sentence for this necessarily.
For those who believe that there is no difference between kids and adults as far as moral culpability goes, I don't know what to say. There are indeed evil kids out there but I think they are rare. I don't know McInerney and neither does anybody else posting here. For now I have to say I disagree with you. But I think little is to be gained by dumping on his family.
Posted by BorderCrossedMe on April 21, 2008 at 4:51 p.m. (Suggest removal)
I completely agree with the fact that if the shooter had been a Hispanic and the victim had been Anglo, people would be wanting to try the kid as an adult... It's simple as that. And everyone on this blog knows it. Automatically the hispanic would be called an illegal or a gangmember who's parents are from across the border. It's not fair to stero type people.
Posted by readerone1 on April 21, 2008 at 5:18 p.m. (Suggest removal)
Sorry but this boy went to school with the intent to kill another person. He had other options this was not a life or death situation. It’s was reputation. So in light of the less serious situation for McInerney, he didn’t tell his family, or teachers or any other person of authority to help with the problem he was having. He decided that this boy should die and that was it. He sought out a gun, complied a plan in his head and acted it out. I’m sure he knew it was going to be wrong, I can’t believe his undeveloped brain couldn’t distinguish that fact. It wasn’t in the heat of the moment as he had at least 24 hours to think over what he wanted to do. So if tried as a juvenile he’ll get too little time and he’ll get out, would you want him as your neighbor? Near your kids or friends? We don’t know if he is cured or if he’ll ever be cured, and certainly jail of any time it’s not going to help violent tendency’s. We don’t know if he is remorseful for what he did. We don’t know if he now thinks it’s wrong. Maybe he’ll only think it’s wrong because he got caught and if tried as an adult he’ll never see free life again until an old man if he makes it. If tried as a juvenile the sentence will be to light and he’ll be free way too soon. What message is that sending to other youths who may think that is the answer to their social problems. I think intentional killers regardless of age should get an equal time. That brain development is bunch nonsense when it pertains to killing another living being. Letting him get away with a light sentence (tried as a juvenile) would truly say that McInerney’s life is more valuable then Kings.
Posted by BorderCrossedMe on April 21, 2008 at 5:45 p.m. (Suggest removal)
Couldn't have said it better Readerone1.....
Posted by Face on April 21, 2008 at 6:11 p.m. (Suggest removal)
BorderCrossedMe is a racist simple and plain, yeah him and John Wayne. And as far as others who wish to kill the child without all the facts, what if we find out this kid was threatened with something or may be the victim of a homosexual rape? Let the facts come out in trial and let the juvenile justice system work. If the perpetrator shot the victim just because he was wearing a dress, or to steal his wallet, then yes, he needs to be tried as an adult. But the facts do not support that and instead point to something much more complicated. You do know what complicated means right? I am amazed how articulate people can take up so much written space to spell out "Circumstances no important, child kill child, child must die like adult". Neanderthals with a tie.
Posted by aerodc8 on April 21, 2008 at 6:18 p.m. (Suggest removal)
I think bordercross is way off base here. First of all this was not a racial incident. Secondly, if the shooter had been hispanic there would have been all kinds of "civil rights" groups screaming about "profiling" and rushing to judgement. The question is not about race. Deciding to try anybody in adult court should not be a numbers game where the system is expected to "even the score" just to make things look fair. Look at what happened in N. Carolina at Duke U. If those accused kids had been minorities every "activist" in the country would have been on campus demanding they be released. It was precisely because they were white that they were charged in the first place.
Readerone makes excellent points about whether anyone would want a released McInerney living on their street. I agree. However none of us knows the full story about how this all went down. Let the investigation continue. There may be more to this than anyone knows. Even in adult court it is doubtful he will be locked up until an old man. It's very likely he would be released long before that.
Posted by catlover on April 21, 2008 at 8:21 p.m. (Suggest removal)
face-It's people with your views that make our system the way it is. Mcinerney killed another person. That is wrong and he should be locked up for the rest of his life for it.
Posted by Pogmothoin on April 21, 2008 at 8:48 p.m. (Suggest removal)
You know what's really wrong? It wrong when people give up on other people. This kid was screwed over from day one. He's 14 f ing years old. I've got t-shirts older than that. He f-ed up big time but he's of an age where we as a society can either bring him back or toss him aside. Call me stupid, but I love a long shot. Lets try to make him a better person and make Larry's death into something positive.
Posted by readerone1 on April 22, 2008 at 8:54 a.m. (Suggest removal)
Sorry but the best thing that can come out of this now is to set an example of McInerney so others don't follow his path. If he gets a light sentence it will send the wrong message to others who may consider the same action. We've had way too many school shootings and this is the first time we've actually had to opportunity to achieve justice and show consequences for horribly wrong actions, let it be remembered that the shooters life will be confined for most of his life and hopefully potential violent other teens out there with their under developed brains will have that part to remember because according to defense studies all persons under 20 have under developed brains. Another point: has McInerney plead guilty for the crime he did? Not yet anyway, looks like defense is even trying to get him off and they are already feeding the public that there are social and possible medical reasons for his actions. McInerney has not even taken responsibility for killing King. A lot of people feel sorry for him due to his age, but does he feel sorry for what he did. Lets see how this play out.
Posted by mmshoot on April 22, 2008 at 10:08 a.m. (Suggest removal)
readerone1, just how does one truly know how another person FEELS? One would have to be entirely empathetic and I don't think I could survive 10 minutes probing around the skulls of those two boys. What do you mean "take responsibility?" He has admitted responsibility for killing King and will suffer the consequences of his actions, one way or the other. As you said, let's just take a deep breath now and see how it plays out.
Posted by eguzie on April 22, 2008 at 12:59 p.m. (Suggest removal)
Im sorry but...these are all excuses...i agree with catlover(5th comment). He commited and an adult crime and he should be punished as one. If he is not charged as an adult for shooting someone in the HEAD then everyone under the age of 18 should be charged as juvenile, even if they killed, raped, vandilized...whatever...
Posted by mmshoot on April 22, 2008 at 1:26 p.m. (Suggest removal)
I wasn't denying that there are some people so broken that they can never be fixed nor that there is any excuse in denying closure to everyone by seeing that those viscious animals are removed from society forever.
Without getting into another huge ethical debate here (about the death penalty vs. life in prison without the possibility of parole) I feel that there should be a national precedent set to determine how to judge such criminals based on age and other factors.
That would require a ruling by the Supreme Court and aided and ammended by future court precedents set and subsequently reviewed.
Sounds like a long process, but I think it is worth it.
Posted by BorderCrossedMe on April 22, 2008 at 1:38 p.m. (Suggest removal)
Hahahaha your funny Face99. Couldn't really comment on what I put so you decided to call names. It's okay though.
Posted by dnwill75 on April 22, 2008 at 3:04 p.m. (Suggest removal)
MMSHOOT: by refusing to hear the case, the Supreme Court upheld sentencing a 12 year old murderer to 30 years just last week.
Posted by mmshoot on April 22, 2008 at 3:23 p.m. (Suggest removal)
dnwill75, I know. It's sad. Judges refusing to even hear something (even off the record) strikes me as an inherent miscarriage of justice. All we can do is vote our consciences once every so often and hope we get better judges, prosecutors, etc. So it goes.
Posted by freethought on April 22, 2008 at 3:32 p.m. (Suggest removal)
dnwill75 - He was 12 when he killed his grandparents with a shotgun. The boy is 19 now (not that I'm detracting from your point).
mmshoot - I believe that dnwill75 was trying to say tha there already is a precedent (a recent one at that) for murder by persons under age 18.
Posted by Face on April 22, 2008 at 3:53 p.m. (Suggest removal)
Each case is decided on its own merits and (the word Neanderthals hate) circumstances. According to most here, we should not even have a jury system, after all all you need is "Child kill child, child must die". What would be the point of a jury and judge.. to hear circumstances? We don't need no stinking circumstances, that's the way we do it in the V.C.
Posted by aerodc8 on April 22, 2008 at 4:41 p.m. (Suggest removal)
Gee, readerone seems to be so knowledgeable about this kid (hasn't taken responsibility, etc) I wonder where he or she is getting all this info. Must have his cell in juvie bugged or something.
If kids as young as 12 can be sentenced to life why not lower the age of sexual consent to 12 as well. That way at least the state will be consistent. If he's old enough to be considered mature enough to be held to adult standards of criminal accountability then he's old enough to engage in consensual sex with adults. Either way he is committing an "adult act". Makes no difference if it's sex or murder - the issue is the ability to reason as an adult. The pedos will love it, anyway.
Again, how young do we want to go? I know the Catholic Church regards 7 as the "age of reason", which means, technically anyway, that children this young could be damned to Hell if dying in a state of mortal sin. I suppose making them eligible for the death penalty should be allowed, as Hell is far worse than any prison in this life could ever be.
Whether or not, due to the publicity, McInerney can get a fair trial is probably questionable. It will most likely be moved out of the county and be delayed at least a year, which should suit the DA as it allows him to "grow tall in the hall" and present a more formidable appearance in court.
Posted by aerodc8 on April 22, 2008 at 5:07 p.m. (Suggest removal)
One thing all of us should be a bit concerned about, though. Without denying the seriousness of McInerney's act, we are increasingly nevertheless living in what can only be called a police state, with extraordinary powers in the hands of prosecutors. There are a lot of Mike Nifongs out there these days, just salivating at the prospect at piling on charges on any one of us. Politics plays an increasingly important role, which BorderCrossing's post reminded me of. One of the biggest elephants in the politically correct living room these days regarding race in LA recently has been the undeniable, deliberate targeting by Hispanics of Blacks for murder. These, of course, are "hate crimes", but the police chief, mayor, DA's and media refuse to call it that. Too politically sensitive. This helps to hinder the cops in their investigations. Hispanics murdering Blacks just for the hell of it just hasn't penetrated into the national consciousness so it goes largely unnoticed.
In addition, it's incredibly easy for DA's to pile on 12 year old boys while a judge completely disallows evidence and testimony which could have shed light on his case as far as - oops! There's that word again! - circumstances. "Cuff 'em and stuff 'em" seems to be the order of the day today, at least with some kids. I guess there's a lot of young adolescent Genghiz Khans out there threatening the very safety of the nation and just gotta "send a message" to all those potential desperadoes secretly planning to visit mayhem upon us all. "Make an example of 'em", even though what happened here is extremely rare. I just sincerely hope no one posting here ever has to go through either the murder of a loved one OR go through a court case where you know there were things happening that might have affected the case of your own child. Believe me, it doesn't take much today to become ensnared in the spider's web of the "legal system".
It's sad that many kids have to be regarded as so dangerous that the only thing left is to stuff them in prison. It's even sadder that we have a "justice system" that, under cover of law, allows for the butchery of 4,000 children a day in their mothers' wombs. How's this for a contradiction - a female prosecutor who has had an abortion, murdering her own child, going into court to prosecute someone accused of murder. Murderers prosecuting murderers. Murderers punishing murderers. How sad. No wonder so many kids kill.
Posted by Face on April 22, 2008 at 5:28 p.m. (Suggest removal)
Kids kill because of abortion? Nah, that kind of segue doesn't work. You are coming from a narrow religious viewpoint. Stick to the matter at hand.
Posted by aerodc8 on April 22, 2008 at 5:46 p.m. (Suggest removal)
Sorry, Face, but you are wrong. The legalization of murder of the most defenseless among us HAS led to our current situation. I'm not going to get bogged down in this issue. With that I agree with you. However, the "narrow religious" view is precisely what is most lacking with too many of our kids. When you "separate God" from daily life buy some stock in the prison building industry. Also, I was trying to point out that we have a legal system that is in many respects as evil as any criminal they prosecute. I am not saying that kids will kill specifically because of abortion, but its legalization has absolutely lowered the bar on a general respect for innocent life in this country. When you can kill in the womb, you can kill anywhere.
That's all I am saying.
Posted by Pogmothoin on April 22, 2008 at 6:40 p.m. (Suggest removal)
Who's god do you want returned to daily life. I'll bet it's not the one I believe in, or the guy down the streets god.
Posted by aerodc8 on April 22, 2008 at 7:18 p.m. (Suggest removal)
I don't know, Pogmothion. What "god" do you believe in? The one that suits you and doesn't demand any accountability from you; a god that justifies everything you do and makes you "feel good" about yourself? Isn't that precisely the mentality that many people are accusing McInerney of having?
Gee, on the one hand I read posts claiming there is only one standard of morality which cannot be deviated from and the boy must be dealt with regardless of circumstances and from you I'm reading that we can all pretty much pick and choose whatever "god" "turns us on" and which we can create ourselves. No wonder kids are confused.
Posted by aerodc8 on April 22, 2008 at 7:47 p.m. (Suggest removal)
You know, just when I thought it was impossible for our "justice system" to actually back up some of the things I was posting S. Carolina comes through with flying colors. A kid who threatened to blow up his school is facing "WMD" charges, which were originally intended to be filed against those who would use nuclear, biological or chemical weapons, specifically terrorists, to kill millions. You mean existing laws can't handle this? Although this kid should be punished, but life in prison? For "WMD"?!!
What universe am I living in? Another "Nifonging" in progress. I'll bet the DA really wet his pants on this one. I mean, life must be awfully boring down there. Like I said, if a DA can get away with it, he'll do it. We're becoming a nation of frightened morons.
At this rate "The Dangerous Book for Boys" will be on the Banned list and any Boy Scout reading one will be on the Watch List. Geez, soon there'll be no room left in prison for the real terrorists.
Posted by vaio1 on April 22, 2008 at 8:48 p.m. (Suggest removal)
As I read your comments I contine to think maybe you would think differently if you were teachers. Maybe you would think differently if you knew each of the boys. Maybe you would think differently if you were in the room like I was.
Posted by freethought on April 22, 2008 at 10:40 p.m. (Suggest removal)
aerodc8 - "...and from you I'm reading that we can all pretty much pick and choose whatever "god" "turns us on..."
You pretty much pegged why I am an atheist. You consider your god to be the absolute right one. Isn't your god and Pogmothoin's god the same (actually, I'm not sure what religion either of you are)? You talk of kids being confused, but you have said enough to confuse most adults once we really analyze what you have said. For me, the most confusing part is how you believe this conversation should somehow be steered towards the issue of abortion. So, let me help to clear some of the confusion, and put us back on track:
One kid felt compelled to bring a pistol to school and put a hole in another kid's head. We are talking about whether that shooter should be tried as an adult or a juvenile.
As for the god talk, why do you need a supreme being to hold you or anyone else accountable? Whether you believe in a higher power or not, you should be able to hold yourself accountable. We call that integrity.
Posted by freethought on April 22, 2008 at 10:42 p.m. (Suggest removal)
vaio1 - Doesn't matter what you or any of us think. The jury will be made up of people, unlike yourself, who has no ties whatsoever to the case - as it should be.
Posted by TheVeracious1 on April 22, 2008 at 11:14 p.m. (Suggest removal)
As I struggle to understand why anyone would want to see a 14 year-old viewed and punished as an adult, there is one thing that becomes increasingly clear.
As long as you can force Brandon to take complete and absolute "adult" responsibility for this tragedy, the REAL ADULTS in his life and in his community won't have to. How clever! They know the juvenile system will work with him to look at all this, and the adult system just doesn't give a damn. The anger sounds more like displaced guilt. And the complete refusal to look at anything other than Brandon's "evilness" as the cause of this is denial working overtime.
Make sure this "powerful message" is heard by all. Oh ya, and when you see the increase in juvenile crime, or when this happens again, will you still think that harsher sentences are the answer? Do we stand proud knowing we live in a state that has the highest juvenile recidivism rate in the ENTIRE country?
Posted by ewarnold on April 22, 2008 at 11:36 p.m. (Suggest removal)
Aerodc8,
People of my faith DO NOT Murder. McInerney was obviously a disturbed kid and most likely was NOT
A prodestant. Prodestants DON'T murder for any reason. So,by pointing fingers at Prodestants is
ignorance on your part. One of the very basic principals in the Prodestant Faith is,"THOU SHALT NOT KILL!" If McInerney was A prodestant he
WOULDN'T have commited such a Horrific act.If your not sure,Prodestant
means,"Christian". Think before you point fingers Dude. The kid deserves the maximum punishment allowed by law.
The punishment should fit the crime.
JMA :o)
Posted by Face on April 23, 2008 at 6:10 a.m. (Suggest removal)
Prodestants don't commit murder? I think there are some dead Irish Catholics who may differ with that statement. I am not bashing a particular religion. Every organized religion has killed in the name of God at one time or another. No religion is untainted by the blood of innocents. Well, the exception possibly being a new small religion, I am talking about large long established religions of course. Enough about that, nobody can argue against these statements of fact. Now, what can help prevent these violent acts? Parental involvement in their children's lives. That doesn't been spoiling them, arguing with your child's teacher because they have assigned homework, buying them poisonous Chinese goods, teaching them it is good to cheat, abandoning your child to the state, or simply ignoring your child's bad behavior because correcting it would be such a hassle. How is it things have gotten so bad the last 30 years or so? I can tell you, you will not like it, you may try to argue otherwise, but here it is: Latchkey Kids. Children left with no parent at home, and when they get home, both are too tired to interact with their child. In essence, children are raised by t.v. and now sadly.... the Internet. Why must we have two-income families? Because we need to pay our mortgages on our land that is way way way overpriced. We need to have our houses filled with material crap and have phat cars in our driveways. Sure, you tell yourselves you are doing it for your kids... you lie to yourselves so you can sleep at night. And then, little Johnny... little Johnny seems to have grown from 8 to 14 so quickly! When was the last time you had a real talk with Little Johnny? Of course, he knows you love him.. he must.. after all.. doesn't he get the latest gadgetry and cool shoes? We shower Little Johnny with all the material goods we can buy... a subconscious penance for our lack of familial bonding and love. Maybe you could have done things different.. maybe move to a small town in another state where Mom or Dad could stay home with their children, to... what was it we used to do.. Raise the child. But then the weather is so nice out here and Johnny might not have the latest gadget that allows him to view pornography unabated. Ah, California... weather is great... welcome to the Latchkey State (one of many) leave your cares, worries, and responsibilities at the door. Let's all play make believe. I look forward to the many excuses for lack of parental responsibility that this comment generates.
Posted by Ms_California on April 23, 2008 at 6:57 a.m. (Suggest removal)
I can't believe that this attorney is turning the issue around on the school. What a great spin doctor this guy is! I mean com'on.. if we can't blame the kid who premeditated this murder, took the gun to school, shot his victim in the head from behind (cold blooded cowardly) and then walked off of the school's campus.. let's blame the school administration! They are a better escape goat right! People of all religions kill, I'm sorry to have to point out the truth but religion aside this kid needs to face his punishment whether it be as a adult or juvenile and his attorney should get the same sentence for blaming other people! I am sure the school could have curbed some of the issues but this kid knew what he was doing, he KNEW that he wanted to hurt Larry King. He is completely to blame here. JMO...
Posted by aerodc8 on April 23, 2008 at 6:57 a.m. (Suggest removal)
Freethought
I'm sorry you are easily confused. Perhaps you should go to church. I am not trying to steer this conversation towards abortion. I am pointing out that we have a "system" that, on the one hand sanctions the murder of innocent human beings while at the same time reserves the right to punish others for doing something, while certainly evil, is not as evil as what they themselves allow. Any government that regards itself as above all law except its own soon begins to make up its own reality. We call that a lack of integrity. If you cannot see the hypocrisy of that, well, there's nothing I can do for you. Good luck on your journey. Just remember that there have been more people killed in the past century alone in the name of "humanism", "progress", "enlightenment" and "science" than were killed in the name of religion in the previous 19 centuries combined. Both Nazism and Communism rejected God and look at the result. The law risks losing all validity and making Pharisees of us all.
The truth is that if Brandon did have God in his life this would never have happened. This is not to get "off topic". It's very much ON topic. To pretend that issues like this can be discussed by separating them from other principles is at the least risible. Folks are willing to do all kinds of intellectual gymnastics to try to understand certain events until they butt their heads up against uncomfortable truths which may force them to look at themselves as well as the individuals they are condemning.
The saddest thing of all is that our children are all too often required to find their own way morally and spiritually. Often they end up paying the highest price, as Larry and Brandon, and the adults who helped put them there go on their merry way. McInerney must pay the price for his actions certainly, but I would still like to see at least some effort put into the regarding of age and circumstances.
TheVeracious1 makes an excellent point. Sometimes demanding full responsibility from someone allows one to wash one's own hands, Pontious Pilate style (sorry for the religious analogy), of responsibility for oneself.
Posted by aerodc8 on April 23, 2008 at 7:12 a.m. (Suggest removal)
Ms california
I don't think the attorney is blaming the school for the shooting itself. But he is certainly correct in pointing out that it was indeed the school that may have helped set the stage for this tragedy. Allowing a teenager to come to school dressed as a woman is at the least very provocative. Since when should 11, 12 and 13 year olds , who are just beginning to find their own identities, be required to face things like this in the classroom? To point this out is NOT to lessen responsibility for a wrong act. But again, here are adults, who should have known better, able to refuse to accept their own responsibility for what happened. Let's face it, if Larry King was not allowed to dress as a woman in school this would never have happened. But here we have the same old song from the ADULTS - nope, not our fault. It's up to the kids to sort this out for themselves, all in the name of diversity, don't you know. But this "commitment to diversity" may well have gotten one kid killed and another facing life in prison. Again, it doesn't lessen McInerney's blame but it's just plain sickening to see the adults here trying to pretend that there was nothing they could have done to prevent this. I don't know how they can live with themselves. But again, preaching "personal responsibility" for kids but not accepting it for themselves is a public school specialty.
Posted by Pogmothoin on April 23, 2008 at 7:19 a.m. (Suggest removal)
Even though I'm not one, I know that it's Protestant (after Martin Luther's Protestant Reformation) not Prodestant and the statement that they don't kill people is just silly. Freethought is on the right track. This country was based on freedom of religion, protecting us from one govt/one religion. Compassion for childred should be common whether you believe in Jesus or Muhammad or the Flying Spagetti Monster.
Posted by aerodc8 on April 23, 2008 at 7:31 a.m. (Suggest removal)
Uh, ewarnold, I'm not sure what it is you are trying to say. First of all, "Protestant" is spelled with a "t", not a "d". Secondly, where did I state anything about Protestant or any other religious affiliation? But since you brought it up I'll respond.
I don't know how you can state that a Protestant would never have done such a thing as this. How do you know if McInerney is a "prodestant" or not? If you must know, yes, I am a Catholic. To state that Protestants are incapable of murder is somewhat strange. I mean, the Irish were massacred, starved and even enslaved because of their refusal to accept the man made church of Henry VIII, an ephebophile serial murderer who invented the Church of England out of thin air because he couldn't get an annullment in order to marry a 16 year old girl.
But none of this has anything to do with this topic, unless you wish to point out that it is precisely the lack of God in these kids' lives (including Larry) that leads to such tragic incidents.
Must McInerney be punished? Of course. Bit I still believe, barring future revelations as to his true character, that this case may be better served in juvenile court. But in the end, anything any of us says here will have no impact as to how it will turn out. Even if tried as an adult, it may be exactly that punishment that might bring McInerney back to God. If he were my kid, I'd rather see him in prison in this life than have him in Hell in the next.
Posted by Pogmothoin on April 23, 2008 at 7:31 a.m. (Suggest removal)
aerodc8 - "Let's face it, if Larry King was not allowed to dress as a woman in school this would never have happened."
Dress like a woman? What does that mean? If a woman wears pants is she dressing like a man? I don't think that Larry's appearance was the trigger that sent Brandon over the edge. That's just silly.
Posted by OFD_Wife on April 23, 2008 at 8:03 a.m. (Suggest removal)
It has clearly and accu