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McInerney arraignment delayed again
Lawyer disputes law trying 14-year-old as adult
Joseph A. Garcia / Star staff Brandon McInerney's lawyer, William Quest, addressing the media Thursday, criticizes California for being what he calls one of the most repressive states when it comes to punishing juvenile offenders.
Joseph A. Garcia / Star staff William Quest, lawyer for Brandon McInerney, talks with the media after the postponement of his client's arraignment. "We think the California scheme that allows district attorneys unbridled discretion to file adult charges is unconstitutional," he said.
The arraignment of 14-year-old murder suspect Brandon McInerney was postponed again Thursday to allow his defense attorneys more time to challenge a state law that gives prosecutors the sole authority to transfer a juvenile defendant into the adult criminal justice system.
"We think that the California scheme that allows district attorneys unbridled discretion to file adult charges on Brandon is unconstitutional," said McInerney's lawyer, William Quest, who is with the Ventura County Public Defender's Office.
The teen is charged with first-degree murder and a hate crime in connection with the Feb. 12 killing of Larry King, 15, of Oxnard.
McInerney's arraignment — when he is formally charged in Ventura County Superior Court — had been postponed several times before this week, most recently May 8 to give his lawyer time to prepare and submit his legal motion challenging the law.
McInerney's 14th birthday occurred less than three weeks before "this tragedy happened," Quest said. If he is convicted as an adult, McInerney will be sentenced to 51 years to life in prison, the attorney said.
"He won't be eligible for parole until he is 65 years old. No chance for rehabilitation," he said, adding that he thinks it would be cruel and unusual punishment, a violation of the Eighth Amendment of the U.S. Constitution. It would be wrong to judge children as adults, because they have "diminished culpability," he said, saying that a child's brain hasn't fully developed.
Ventura County Superior Court Judge Kevin McGee set a June 24 deadline for filing the motion. Prosecutors will file a response by July 14, and a hearing on the matter will be scheduled July 24.
McInerney is accused of shooting King at E.O. Green School in Oxnard as students were working on English assignments. King, who sometimes wore makeup, told friends he was gay.
The King family's lawyer, Steve Pell, challenged subpoenas issued by Quest to obtain documents and other records about the victim. The records are being sought from Casa Pacifica, a residential facility near Camarillo for abused, neglected and emotionally troubled children. King's records also have been subpoenaed from E.O. Green School.
"We are looking for records that we think are relevant to this case," said Quest, declining to elaborate.
Pell appeared in court Thursday after he filed a motion to quash the subpoenas this week. A hearing is scheduled July 8 on that request.
Prosecutor Maeve Fox has said in the past that McInerney, if convicted as a juvenile, could be locked up until his 25th birthday but that state juvenile detention facilities are so overcrowded, he would be let out earlier.
Quest disagrees with Fox's contention.
Fox also has said prosecutors might decide later to transfer the case back to the juvenile justice system. On Thursday, she declined to comment to reporters as she left the courtroom.
The victim's father, Greg King, said in an interview that he supports the district attorney's decision to try McInerney as an adult. Not doing so, he said, would send a message that McInerney's life is worth more than his son's.
Greg King said the slaying was premeditated murder, not an accident. He also said McInerney knows martial arts and so he did not need to use a gun for protection.
"If he wanted to protect himself, he was trained to do so. Why did he have to resort to using a gun?" Greg King asked, adding that he wants to know why no adults are being held accountable for McInerney's having been able to gain access to a gun.
Quest acknowledged that prosecutors could allow his client to plea bargain in the adult criminal system to a lesser felony charge like voluntary manslaughter, which would mean less time behind bars. But, he said, "that requires the district attorney to agree to that."
Quest criticized California for being what he called one of the most repressive, if not the most repressive, states in the nation when it comes to punishment for juvenile offenders. England, he said, abolished life in prison for juveniles in 1965.
Quest described his client as a "typical 14-year-old, immature" boy who is "impulsive."
"If this case goes to trial, we will be having witness upon witness — essentially being teachers — that will also have a first-hand view of how kids in seventh and eighth grade are different," Quest said.
In April, a coalition of advocates for lesbian, gay, bisexual and transgender rights called for prosecutors to try McInerney in juvenile court, not as an adult. The groups issued a statement saying they were "saddened and outraged by the murder," but called upon prosecutors "not to compound this tragedy with another wrong."




Posted by mikeinsocal10 on June 13, 2008 at 4:42 a.m. (Suggest removal)
Try the little sob as an adult. He knows what he did and now his lawyers are trying to say that his brain isnt developed..what a load of bull. Its amazing what people can get away with in this state. Hell...try brandons parents as well for the gun being available, have them do time with their son. That would be a hoot.
Posted by goldeneye on June 13, 2008 at 5:59 a.m. (Suggest removal)
The ACLU and professional apologists like attorney William Quist would just love for the liberal courts to take over the charging process as well. Quest must have failed his constitutional law class in high school. He doesn't understand the role of the judicial branch in the system. If Quist wants to follow the Constitution the way it was set up before liberal judges started reinterpreting it I'd be just fine with that because murderers would all swing from trees.
I want to see a gallows built right in front of the courthouse in Ventura. If Quist loses his argument about the Constitution, the little murderer should swing by the neck. That's what the people who wrote the Constitution would have done to him. Hang him in the hot sun and let everyone see what happens when you murder someone in cold blood.
God sanctions the death penalty for those who have broken the most sacred laws of man and heaven.
Posted by OxnardNative on June 13, 2008 at 7:16 a.m. (Suggest removal)
I hope this Brandon kid’s getting a lot of much needed counseling while he's being detained. I don't think he should ever see the light of a free human’s world again, but maybe he can be a better human behind bars? I just think this is such a tragedy, not only has he taken the life of a beautiful innocent child, but he's also ruined his own and caused pain in the hearts of SO many more. Yes, whoever he took the gun from SHOULD be charged and punished somehow as well. I have kids AND guns and you can bet my guns are hidden behind locked doors, in locked cases, they have trigger locks and no bullets anywhere near the guns. What idiot would not want to do the same with kids who could gain access to their guns? God bless us all, especially the family of Larry King, and God please let Larry's soul rest in peace.
Posted by ironwoman on June 13, 2008 at 7:26 a.m. (Suggest removal)
Pog- nobody stated that he should get the death penalty....did they?
IT is liberals, dirty attorneys and the crooked system that is scary. Not those that want accountability. If you think Mcinerney deserves little time, you need to gain some insight on what the King family is going through. Remember, "And justice for all".
Posted by 805grl on June 13, 2008 at 7:47 a.m. (Suggest removal)
11 years is nothing for what he did! He will be out in 9-10! Then he will be on the streets with you and I.
I cannot believe today with all of the violent crimes committed by 14, 15 years olds the defense would still use the "immature" brain b.s. He is not a "typical" boy, a typical boy his age is doesn't do the kind of thing he did! And the ones that have, are sitting right where they belong, in prison for the rest of their life. It takes alot of mature thinking to do what he did! He does not deserve anything else then to waste his life in a cell thinking about what he did to his schoolmate! His parents should there with him to!
Posted by gramagracie on June 13, 2008 at 8:01 a.m. (Suggest removal)
I agree with Goldeneye...I believe in any eye for eye! Maybe we should release the suspect to the victim's parents and let them give him a just punishment. There is no doubt he committed the crime...plenty of witnesses.
The immature brain defense will also work for the gang bangers who for the most part are in their teens. Is that what society wants? I can see it now, recruits for fourteen year olds by the gangs. The crime was calcuclated. Not to mention the pain and suffering his act has caused those who witnessed this crime.
Posted by RedTail on June 13, 2008 at 8:09 a.m. (Suggest removal)
Oxnardnative, not only was Brandon supplied with a gun, I read his parents brought him up in a pretty bad environment with violence and no security in the house. I'm very surprised they aren't being charged with something here.
Posted by SUNNY on June 13, 2008 at 8:36 a.m. (Suggest removal)
Pog-
I agree with you! You can't vote, drive, drink, etc. because you are not an adult, so how can you be prosecuted as one? I know Brandon should be punished, but I also believe he should be treated for mental disorders, and given rehabilitation! He is after all a CHILD! And was brought up in VERY ROUGH circumstances!! We don't know what all he has had to endure growing up! I don't think that Larry's life is less important than Brandon's by any means, but let's make this sad situation worse!!
Posted by mdquick01 on June 13, 2008 at 8:44 a.m. (Suggest removal)
Brandon should be tried as an adult. He thought out what his plan of attack was and he executed that plan. I have been in court for every court hearing on this case and yes it is a tragedy. What about the King Family? Think about what they are going through. Brandon's parents should be charged along with Brandon for the same crime. Either his parents or grandfather supplied him with the gun and whoever the gun was registered to should be charged. Also Brandon's siblings come into the courtroom so stoned that it should be an embarrassment to the family. This family is so disfunctional that it makes most families seem normal. His brother climbed over the seats in the courtroom instead of using the aisle like everyone else. Who do these people think they are anyway? William Quest, lawyer for Brandon McInerney states that "We think that the California scheme that allows district attorneys unbridled discretion to file adult charges.. is unconstitutional. What about the rights of Lawrence King? He no longer has any. Brandon should spend the rest of his life behind bars and he can think about what he did every day until he takes his last breath. I had a niece that was murdered and Michael Bradbury tried the case. The person that murdered my niece spent the rest of his life in prison until he took his last breath. I praise what the district attorney does. They uphold the law and this is a case where they should charge this criminal with first degree murder as an adult.
Posted by amycastillo78 on June 13, 2008 at 9:01 a.m. (Suggest removal)
I'm trying to figure out why Willy Quist thinks it's "unconstitutional" to prosecute a minor as an adult. Where in the Constitution does it say anything about this? And if I understand this correctly, Quist is saying he wants Brandon tried in secret in front of a judge, not in public in front of a jury. So Quist is saying he rejects the Constitutional rights of trial by jury and public trial? Did Quist go to law school on a different planet?
Posted by mandynathan on June 13, 2008 at 9:04 a.m. (Suggest removal)
I think it is OUTRAGEOUS that the defense is trying to subpeona the VICTIM'S private records. There is NOTHING in that boy's record that would justify his brutal murder. That said, I don't believe in trying a 14 year old child as an adult. If the system is going to try children as adults, then they should have all the same rights as adults, and they don't. That is not serving justice. The government doesn't think a 14-year-old has the judgement to drive, why does he have to have the same culpability as an adult? It doesn't make sense to me.
Posted by SUNNY on June 13, 2008 at 9:05 a.m. (Suggest removal)
What does his five year old brother climbing over a seat in the court room have to do with anything??? He's a five year old!
Posted by oxnard40 on June 13, 2008 at 9:10 a.m. (Suggest removal)
By many accounts Brandon has the typical "Alpha-Male" mentality. He will flourish in the prison settings. And be a great leader of an Aryan prison gang. He will never be let out of jail.
Posted by kristinppl on June 13, 2008 at 9:30 a.m. (Suggest removal)
I cant help but wonder if his parents taught such hatred and are partly to blame. I hope this ignorant teen stays in jail for life and they make an example of him.
Posted by SUNNY on June 13, 2008 at 9:42 a.m. (Suggest removal)
I don't think teenagers have a concept of life, forever, and consequences that actions have. Remember being and young and not thinking that you'd ever be twenty?
Posted by mdquick01 on June 13, 2008 at 9:57 a.m. (Suggest removal)
Sunny. Just an FYI. Brandon's brother that climbed over the seat is an adult. His 5 year old half brother is not attending the hearings.
Posted by SUNNY on June 13, 2008 at 10:08 a.m. (Suggest removal)
Gee thanks!! mdquick01! I do agree that the family is/was disfunctuional, but doesn't that fact explain to you that this CHILD may have a undiagnosed mental disorder? Maybe he was a victim of physical or sexual abuse... who knows what made him do what he did, but he is a child and I don't think we as a society should just give up on him.
Posted by lilmamma on June 13, 2008 at 11:08 a.m. (Suggest removal)
I think Brandon should be tried as a juvenile. He should not be with adult offenders learning more deviant behavior. I believe that there is more to this murder than what the media, the parents, and the lawyers are saying.Once the trial starts we will get a better understanding as to why a child murdered a child and felt he no choice or options. If we are going to start giving life sentences to 14 year old children and treating them like then lets change the legal drinking age and the military enlistment age to 14.
Posted by SUNNY on June 13, 2008 at 11:16 a.m. (Suggest removal)
Thanks lilmama, finally someone with compassion.
Posted by hotwildflower on June 13, 2008 at 11:25 a.m. (Suggest removal)
I have a son about Brandon's age and while I could never imagine him doing something like this, I can see where a child of this age would lose the ability to rationalize their actions and think of the consequences. Their emotions run so high...
No one is saying that Brandon should get away with this, but I sincerely believe with my whole heart that he should be tried as a juvenile. The loss of Larry is a horrible thing that I can't even imagine but trying Brandon as an adult is throwing away the lives of two children.
Posted by VOR on June 13, 2008 at 11:28 a.m. (Suggest removal)
I am so sick of hearing the "drink, driving, and sex" defense. This has nothing to do with this case. This is a case of basic right and wrong that every child / adult should know, and Brandon comitted the biggest wrong there is, he needlessly took another human life. This was not a case of self defense, this was not an accicdent, this was cold blooded, calculated, premeditated murder with malice and forethought.
How easy you all can dismiss this saying well he was only 14. I will tell you at 14 I sure as heck knew that aiming a gun at someone in the back of the head and pulling the trigger would kill them and my life would be over. You don't give this kid enough credit. He knew what he was doing, and he did it exactly the way he planned days in advance, even telling others about it. This was not a knee jerk spur of the moment idea in the heat of passion, this murder was well thought out and executed over several days.
If you don't like the law then vote to change it, but it is the law. It has already been given to the supreme court in previous cases and has been upheld as constitutional. Brandon's attorney is going through the motions as any good attorney would in delaying the case, trying to apply pressure with public oppinion but will eventually have to face the reality that his client is guilty and will be charged as an adult the way he should be. He has exceeded the criteria for being charged as an adult that was set up as a saftey net to make sure the law was not abused. If the defense was smart he would plea it out at around 30 years and not even go to court assuming the DA would agree.
Posted by 805grl on June 13, 2008 at 11:35 a.m. (Suggest removal)
I agree with you gramagracie.
Gangbangers that are the same age when they murder someone are sent away for life...what makes this murderer so special? I never hear of anyone fighting for them to be charged as juveniles.. why is McIrney so special?? Because of his broken home, because of drugs? Im sure many 15 years old gangbangers who murder have the same story...should we release them to? NO!! My family member was brutally murdered by a 15 year old..their plan was a thought out robbery by "teens with immature brains"... c'mon.
Posted by Equitable_Enforcer on June 13, 2008 at 12:02 p.m. (Suggest removal)
This must not be tried in juvenile court. It is most important that all aspects of the case be brought in front of the public. We cannot allow Casa Pacifica and the school to hide behind a veil of confidentiality. There is information out there that could be a powerful influence on jurors. By the way, the information I'm talking about isn't even available to the police who are all too often stonewalled by social services types when trying to investigate a crime involving a child in the system. Though McInerney does not face the death penalty, he is, in a manner of speaking, on trial for his life. I have stated previously that Casa Pacifica, the school and the gay and rainbow folks share some responsibility for what happened to Larry King. If records aren't opened, a fair trial is not possible. In some respects, Larry may well have been killed by political correctness. Larry, a kind and compassionate young person, was improperly used as a pawn to further an agenda.
Posted by SCfan01 on June 13, 2008 at 12:14 p.m. (Suggest removal)
Please do not feel to sorry for Kings parents, they certainly did not help Larry. He was in Casa Pacifica for a reason. Like his mothers abuse because he was 'not right', hence, the rebellion of Larrys behavior. The whole circle of this story is sad.
Posted by VOR on June 13, 2008 at 1:10 p.m. (Suggest removal)
oldoxn01 thats right, lets crucify the victim and his family. They were the ones that pulled the trigger right!
Your inuendo disgusts me and you know nothing of what you are saying. Larry was there for other reasons and abuse was not one of them. I am sure his mother loved him very deeply and shame on you for trying to smear her after such a tragedy. Timearrow is right, there is a lot to this that will eventually come out. Oldoxn you want to blame someone, blame the school system and administration, blame Casa Pacifca, blame CPS and blame the Rainbow Alliance, and oh yes please don't forget to blame Sweet, Caring Brandon and his lovely parents, as they all had a part in the mess. But do not blame the victims.
Posted by Ms_California on June 13, 2008 at 1:19 p.m. (Suggest removal)
I have mixed feelings on how to try this case. But I do know that allowing a 14 yr old to drive or even a child at 16 to drive is too young. We are going to allow them keys to a dangerous weapon and what happens when this 14 yro hits and kills someone... do we try them as an adult? Well we changed the law to allow them to drive so .... we are back to square one.
I don't agree with the attorney's using past history and family affairs as excuses for this kid. He KNEW what he was doing and what was going to happen. You can't tell me that kids don't watch violence on t.v. They know, they aren't as stupid as us "grown ups" think they are. My speculation is this (and it is only a speculation) Larry probably commented to brandon about something presumed embarrasing in front of other students several times. Instead of Brandon just fluffing it off he took it personal because he was embarrased and was probably teased by his friends about Larry having a crush on him etc. He was probably the butt of jr high jokes. It is no different of a boy doing that to a girl when a crush is involved. You know how the mating ritual is different from JR High kids and HS kids.
Brandon's parents./grandparents/guardians, whoever... need to be held accountable for his accessing the gun. If this child was brought up in a violent household I would think that CPS would have been involved once or twice, why are they (if they had been involved) not also being held accountable as well.
I feel sorry for the judge on this case. This would be one court case I would not want to preside over. He is gonna take alot of flack for this one.
Posted by cslaurie on June 13, 2008 at 1:26 p.m. (Suggest removal)
It's pretty simple - he is a juvenile and should be tried as one. Had he been 13 years and 364 days old when this happened he could not have even legally committed the crime.
Posted by grammadee on June 13, 2008 at 1:38 p.m. (Suggest removal)
Because I have no personal knowledge of what led up to this horrfic tragedy (and neither do most of you)I won't make any statements regarding the so called "facts" in this case. I do believe, however, that Brandon should be tried as a juvenile, because that's what he is.
Posted by VOR on June 13, 2008 at 1:44 p.m. (Suggest removal)
It is not so simple, the law states that he is to be tried as an adult, he used a gun and committed murder. Is that so hard to get through to people. This was not a case of a kid playing with a gun and it going off by accident and shooting someone. If it was I would be the first one to agree that this should be handled in juvenile court. But this was premditated murder plain and simple. There is no question he did it, the only question is how many years he should spend in jail. I am sorry but getting out at 21 is too soon. That isn't even 1 year for each year Larry was alive. Personally I don't want someone like him walking the streets in a few years, no telling who he will shoot next if he gets upset. He was a thug before, now he is a thug with a rep which is even worse.
Posted by SUNNY on June 13, 2008 at 2:07 p.m. (Suggest removal)
He is only 14 yrs. old! If he committed this same crime premeditated and all 3 weeks earlier we wouldn't be trying him as an adult! I don't think he matured into an adult in 3 weeks! Do you??
Posted by VOR on June 13, 2008 at 2:19 p.m. (Suggest removal)
The fact is, he could have been charged as an adult even at 13 in the previous system, even in the current system. The only difference is that the DA must petition the court for a waiver. This is the way it was done in the past. And yes if the "child" did commit a heinous act like premeditated murder, then I would suspect that the DA would have moved to prosecute him as an adult.
The fact is that he was not 13, he was 14, at what age does someone become 14? 3 weeks after their 15th birthday? which coincidentally was how old larry was, he had only been 15 for 3 weeks, did that mean he was 14? No he was 15 and 3 weeks, just as Brandon was 14 and 2 weeks. Once again if you don't like the law then change it, but if it is the law it should be followed or else none of us are safe.
Perhaps there should be no such thing as the juvenile court system. Just try everyone the same and then give the judge the ability to dole out the sentance based on the severity of the crime. That in the end may be the fairest way of all. But until something like that happens there are laws that must be followed and it is pretty explicit in the way this crime should be handled having met all the criteria for adult court.
Posted by flmrmom on June 13, 2008 at 2:25 p.m. (Suggest removal)
For all of you that are saying Brandon didn't know what he was doing, he's to immature to know the consequences of his actions, blah blah blah.....If he had shot your son in the head would you feel the same?? I doubt it!
Hotwildflower, you said you have a son this age, would you make the same excuses for Brandon if he had done this to your son??
Posted by rebel123 on June 13, 2008 at 2:41 p.m. (Suggest removal)
The law does not mandate that he be tried as an adult. The DA makes that determination. As heinous as this crime is, he is a not an adult. We have a juvenile justice system for a reason. As a society, we should feel that crimes committed at young ages should be looked at through different eyes and dealt with through a different system. Clearly many on this board don't agree. Clearly many are seeking revenge, not the greater good.
Posted by SCfan01 on June 13, 2008 at 3:05 p.m. (Suggest removal)
VOR
Are you part of his family? Cuz I know someone who is!
Posted by VOR on June 13, 2008 at 3:08 p.m. (Suggest removal)
Rebel, I don't think it is revenge, but I also do not think that the penalties of the juvenile justice system are adequate either for this case. This is not car theft or a purse snatch, this was an cowardly execution of a helpless person. The sentence should be left up to the judge no matter where the person is charged so that all facts of the case can be taken into account. If he gets out at 21, that is only 7 years. They give harsher sentences for dog fighting, what kind of message does that send to would be thugs. What value do we put on human life?
Posted by SCfan01 on June 13, 2008 at 3:10 p.m. (Suggest removal)
VOR
Such anger! Gotten counseling lately?
Posted by VOR on June 13, 2008 at 3:13 p.m. (Suggest removal)
oldoxn, no I am not part of the family, but like you say I know someone who is. If you actually did know them however I doubt you would be saying the things you are saying. Perhaps you are just imaginging that you know them in order to advance your agenda whatever that may be.
Posted by SCfan01 on June 13, 2008 at 3:18 p.m. (Suggest removal)
VOR
Did not think you did! You have no idea what your are talking about-- neither side was perfect, but both were wrong. No murder should not have occurred and it is a tragedy, but teasing and pushing buttons should have stopped when he was asked to stop! Especially if there were anger issues! This is a problem and yes the school is partly to blame. But please do not pass judgement on Brandon unless you have specifics, which you do not!
Posted by VOR on June 13, 2008 at 3:35 p.m. (Suggest removal)
Oldoxn01, Specifics? On Feb 12th, Brandon took a loaded gun to school and stood behind Larry as he worked on his English paper. Brandon shot Larry point blank in the back of the head multiple times in an act of premeditated, cold blooded, murder. What specifics am I missing? Was this somehow Larry's fault that he was murdered in cold blood?
Perhaps Larry was in need of discipline for his actions. Maybe he was even deserving of suspension... but being murdered? Surely you aren't suggesting that. Maybe I do have an idea of what I am talking about. I am sure the other 21 witnesses to this vicious act certainly know what I am talking about. I would wager that most of them still have bad dreams at night because of poor misunderstood Brandon's action that day. Naw I have no idea. You are right. My bad.
Posted by grammadee on June 13, 2008 at 3:41 p.m. (Suggest removal)
VOR:
I sat in the church the day of Larry's funeral. I cried like a baby during the slide show of his life. I laughed at the funny stories the Minister told. My heart broke when he spoke of Larry's love of butterflies. I hugged his mom. We were all devistated by this senseless, and I mean SENSELESS tragedy. It still doesn't change the fact that that a 14 year old is a juvenile, and that he should be treated as such.
Posted by VOR on June 13, 2008 at 3:41 p.m. (Suggest removal)
And by the way:
A tragedy is when an earthquake strikes;
A tragedy is when a tsunami hits on the day after christmas and kills 200,000 people;
A murder is when one person shoots someone in the back of the head multiple times. Don't confuse the two... you are doing the victim a huge diservice otherwise.
I was never one for political correctness, sorry.
Posted by grammadee on June 13, 2008 at 3:46 p.m. (Suggest removal)
Obviously
Posted by VOR on June 13, 2008 at 3:51 p.m. (Suggest removal)
grammadee : I can appreciate that you probably didn't vote for Prop 21. I did. So did the majority of voters in the state. The law says he can be tried as an adult. FYI, just because he is tried in adult court doesn't mean he is automatically given an adult sentence. The judge has lee-way and the convicted has rights.
Too bad the victim has no rights to have the death sentence he was given overturned.
Posted by iam_caine on June 13, 2008 at 4:06 p.m. (Suggest removal)
"Try the little sob as an adult. He knows what he did and now his lawyers are trying to say that his brain isnt developed"
Speaking of undeveloped brains...
Posted by grammadee on June 13, 2008 at 4:10 p.m. (Suggest removal)
I did, in fact, vote for Prop 21. Did we vote for the same thing? "Prop 21 Increases punishment for gang-related felonies, home-invasion robbery, carjacking, witness intimidation and drive-by shootings; and creates crime of gang recruitment activities." Straight from the website, this Proposition deals with gang members. Are you now saying that, in all of your wisdom, this boy was a gang member? I guess we don't read the same paper. How ever you slice it, a 14 year old is a kid. Should he be punished? Absolutely! As an adult? I think not.
Posted by VOR on June 13, 2008 at 4:35 p.m. (Suggest removal)
grammadee, not sure what you are reading but you didn't read all of it. It is quite long and complex with many amendments and revisions. The gang portion is not what we are talking about here.
The fact that a gun was used, that murder was committed are 2 elements used to determine if prop 21 is applicable. I cannot find the site at the moment but it gave a breakdown on the criteria required before prop 21 could be applied. There were 5 conditions of which only 1 had to be met. I do believe that there were 3 of the 5 associated with this case that were met, making it more then applicable.
Posted by VOR on June 13, 2008 at 4:41 p.m. (Suggest removal)
grammadee, out of curiosity how should he be punished? What does punished as an adult actually mean to you? Obviously, he will not be sent to prison with adult prisoners no matte how he is tried, he will be sent to a juvenile facility until he is old enough to be put into mainstream prison at age 21-25. So it comes down to how many years should he serve for taking Larry's life? You tell me. What is Larry's life worth in your eyes?
Posted by grammadee on June 13, 2008 at 5:11 p.m. (Suggest removal)
VOR - I am just expressing my personal opinion. I am not a lawyer, or a judge, or God. As I understand the juvenile sentencing guidelines, a juvenile convicted of a felony can be held until the age of 25. I may be one of those hopelessly optimistic folks who still believe in the ability to rehabilitate. The question of "what is Larry's life worth in my eyes" is unfair. I don't make that decision...once again, just expressing my opinion. That's what makes this country great! The ability to agree to disagree, and that's what I am doing. I respect your opinion as I would hope you respect mine. If you don't, oh well. Have a great evening!
Posted by Tom_Johnston on June 13, 2008 at 5:30 p.m. (Suggest removal)
I'm not sure just how much different the standards of conduct, presentation of evidence, ability to research all aspects of a case etc are between an individual tried as an adult vs. a juvenile are.
I don't think many of the posters know either.
What is known, quite clearly, is that the standards for punishment, the sentencing, IS different. It seems to be this one thing that drives many who support trial as an adult for this boy. Many, seem, prior to knowing much more than what the Star has published, to want to lock McInerney away for virutally his entire life.
All that, with little more that a few newspaper columns of story. Maybe McInerney should be locked away forever, but I doubt many posters here would want to go there based on the limited testimony and evidence presented here.
That some juveniles should serve such a sentence is not a problem for me, that they should do so under mandatory sentencing guidelines is.
If anyone could ever have hope of being changed, turned around in their poor life choices, it stands to reason that a child could have a decent chance.
How much of this case is a political/public relations stunt for the DA? Any decision will no doubt inflame some portion of the community, but for the DA to pursue any course other than this, that would infuriate the DA's base constituency.
That I think, more than any other reason is why there was the decision to try McInerney as an adult.
Posted by mtlmolina on June 13, 2008 at 5:51 p.m. (Suggest removal)
Trying a 14 yr old who committed premeditated murder as an adult is completely appropriate. He is guilty and there is no question about that so I hope his parents step up to the plate and force him to admit his guilt. Going after the victim's records and claiming that a 14 yr old wasn't mature enough to know he was murdering someone shows a lack of compassion for the victim and refusal to take responsibility for one's actions. Now is the time for him and them to learn that their actions have consequences.
As far as I understand it, besides the trial phase, the main difference between being tried as a juvenile or adult is in the sentencing. Seems like people are quibbling about words rather than really looking at what trying him as a juvenile would mean.
If this boy is so damaged that he thinks he was justified in killing someone who embarrassed him, I for one would not want him out even after a maximum 9-year sentence from juvenile court. If he is capable of being rehabilitated, he will be let out early, but if not, put him away for as long as is necessary to ensure the safety of others.
Posted by mtlmolina on June 13, 2008 at 6:03 p.m. (Suggest removal)
Tom_Johnston,
You are right that most of us don't know the specifics of the case or about Brandon. That is exactly the reason why this case should not automatically go the route of juvenile court. If Brandon needs more than 9 years to learn to be a responsible and non-violent citizen, he won't get it from the juvenile option. However, if it turns out the circumstances really do justify a lesser sentence, that can still be decided going the adult route.
Really, if his family wants to do what's best for him, shielding him from the consequences will only further teach him that he is allowed to behave the way he did. Start now with his rehabilitation and teach him to take responsibility for what he did. Ask him to do whatever he can to make retribution to the King family. Otherwise, is he really sorry for what he did? Do he and his family, even now, lack the ability to comprehend that someone else's life is over because of his actions?
Posted by Tom_Johnston on June 13, 2008 at 6:26 p.m. (Suggest removal)
"mtlmolina", I'd agree that someone like Brandon might need more than 9 years, or until he is 25 to fully contemplate his actions and rehabilitate.
My point was more that mandatory sentencing cuts off the other end...what if Brandon "gets it" after 15 years, or 20? Mandatory sentencing does not allow for that generally.
I think the concepts of "juvenile court" and "adult court" and the proceedings and outcomes both provide for might not be current with the situation we face today.
This isn't about some 1950's "Jets 'n Sharks" thing. Juvenile crime is very different now, and perhaps the real answer is not to squeeze selected defendants into this or that box, but rather revamp how we approach the issues a juvenile offender presents.
Oh, I know...that won't satisfy the thirst for vengence that so many seek in the here and now, but in the long run a re-evaluation of how juvenile crime is dealt with may be in order.
Posted by mtlmolina on June 13, 2008 at 6:44 p.m. (Suggest removal)
Sorry, I don't understand your Jets n Sharks reference, but I would err on the side of longer incarceration rather than a mandated cap given an option in such a heinous murder.
That being said I like the idea of a sort of middle ground or same rules for everyone regardless of age that was mentioned up above. The downside of that, I'm sure, would be too wide of variance in sentencing between judges.
Posted by Tom_Johnston on June 13, 2008 at 7:01 p.m. (Suggest removal)
"mtlmolina"...."Jets 'n Sharks"...the musical "West Side Story"
I think a lot of current thinking about juvenile justice harks back to that simpler time...the 1950's and 1960's when kids got "in trouble"
This case is nothing like that, and neither are our times, but I suspect our mechanisms for dealing with it have not changed all that much since "West Side Story" and that era.
Rent it...a great movie! I think the musical number from the show: "Officer Krupke" could offer a lot of insight here!
Posted by sparks240 on June 13, 2008 at 7:04 p.m. (Suggest removal)
Jets and Sharks. West Side Story.
Posted by ironwoman on June 13, 2008 at 7:07 p.m. (Suggest removal)
I'm with VOR- It's not like Mcinerney was a toddler and didn't know what he was doing. He is 14 years old. I just spoke to my 14 year-old nephew and he stated that "the kid knew what he was doing"....they have brains that are developed enough to make decisions that differ between right and wrong.
Face it Grammadee- It's not like Mcinerney had some disability. He was a functioning kid, bigger than most, and was a bully himself. Regardless if Larry was gay or straight or whatever reason, doesn't give Mcinerney or anyone for that matter the right to take his life.
11 years in Juvenile Division doesn't serve justice. Larry will spend far more time without living in this world than 11 years.
Victims have rights and one of them is justice. I believe Mcinerney should spend some time in juvenile custody to gain some insight as to why he committed this horrible crime. He should also spend some time in prison and be let out when he's in his later years.
People that think this is rehabilitative, you need to think again. What would you want if your child was murdered like this?
Posted by Stew_Pedasols on June 13, 2008 at 8:10 p.m. (Suggest removal)
Posted by 805grl on June 13, 2008 at 11:35 a.m. (Suggest removal)
I agree with you gramagracie.
Gangbangers that are the same age when they murder someone are sent away for life...what makes this murderer so special? I never hear of anyone fighting for them to be charged as juveniles.. why is McIrney so special?? Because of his broken home, because of drugs? Im sure many 15 years old gangbangers who murder have the same story...should we release them to? NO!! My family member was brutally murdered by a 15 year old..their plan was a thought out robbery by "teens with immature brains"... c'mon.
this is true...and, when stated how...
..."He won't be eligible for parole until he is 65 years old. No chance for rehabilitation," he said, adding that he thinks it would be cruel and unusual punishment,....
...where is the rehabilitation of Larry--impossible since he's no longer with us, and "cruel and unusual punishment?"--wasn't that what BM did to Larry? hmmmm....
Posted by OFD_Wife on June 13, 2008 at 8:50 p.m. (Suggest removal)
Oh TimeArrow…tsk tsk tsk…You may have wanted to run that by your friend/co-worker. I am all for records being released. The truth on all sides is in the best interest of all involved. It will vindicate Casa Pacifica, E.O. Green, VTA HSA, VTA Probation, Rainbow Alliance, et al. CNN is currently trying to have the records released but it is the King family that is trying to stop the release. Why is that??? Ask your friend/co-worker about Judge Cody. A simple subpoena would release all records but what’s this…
“The King family's lawyer, Steve Pell, challenged subpoenas issued by Quest to obtain documents and other records about the victim. The records are being sought from Casa Pacifica, a residential facility near Camarillo for abused, neglected and emotionally troubled children. King's records also have been subpoenaed from E.O. Green School.”
You be the judge…
Posted by VOR on June 13, 2008 at 11:52 p.m. (Suggest removal)
OFD_Wife, I find it amazing that someone with such infinite knowledge on the subject at hand posts in such a way. If you knew the real details, I am sure you would not be so vague. The truth is you are probably relaying the rumors that everyone else is spreading around. I love the way everyone says wait and see and then lists all of the various organizations that are at fault or not at fault because they behaved so well. It is also rather noticeable that your disdain for the King family and their friends is biasing your comments proving once again that you do not know the truth.
In actuality the King family, and all of the organizations are irrelevant to the criminal case before us. They did not pull the trigger, nor did CASA Pacifica or the School district, or CPS or whoever else you named. Only one person pulled the trigger and that was Brandon. So in regards to trying him as an adult or a juvenile or anything at all to do with the criminal case all of these people and organizations are totally irrelevant.
Now, there is one other person that is also responsible in the criminal case and that is the person that supplied or was responsible for the weapon that Brandon used. They should be locked away for their negligence and for the violation of the various state laws regarding the security of weapons in the home where minors reside. What if Brandon's 5 year old brother had gotten ahold of the weapon and blown the head off one of his little friends while they were playing cops and robbers. For the life of me I cannot figure out why others have not been charged here. Maybe with your infinite resources you can tell me why. On that note, hearing of the poor conditions that Brandon was brought up in with violence and drugs and shootings, etc... why was he not removed from the home by CPS? Did they blow that one too? Why has CPS not removed his younger brother as he is living in a home with a violent parent, unlocked and unsecured weapons that has already produced one murderer? It seems to me that CPS is dropping the ball again on this one. Will they ever get it right, or do they just go after the easy ones where there really isn't a problem but they can manufacture one to make themselves look good. Seems like a house cleaning is in order up there if the goal is to really protect the children. Why not pass that one on to your friends at CPS?!
Posted by drumsnwhistles on June 14, 2008 at 1:16 a.m. (Suggest removal)
Because he was IMPULSIVE? Give me a break. Impulsive is throwing a punch at the guy, not getting a gun, putting it in his backpack, taking it to school, holding it to someone's head, pulling the trigger not once, but twice, and then running off on a pre-planned escape route.
I am well-known in my circle as a bleeding-heart liberal, but calling this kid impulsive is like calling the moon green cheese.
He MURDERED Lawrence King in cold blood in front of his classmates. Call him deluded, swaggering, full of himself, ego-driven, or a bully. Those all apply.
But impulsive? No. Not impulsive. Violent, hating, and blinded by his own anger at...whatever.
I believe in our justice system, but the fact is that this kid committed murder. Get on with giving him a fair and public trial.
Posted by VOR on June 14, 2008 at 9:22 a.m. (Suggest removal)
To backup what I said above, Prop 21 has already been challenged.
On Feb 28, 2002, the California Supreme Court upheld proposition 21.
http://www.courtinfo.ca.gov/programs/...
On April 14, 2008 the US Supreme Court refused to hear arguments on trying juveniles as adults (note, the case at hand was of a 12 year old!).
http://www.supremecourtus.gov/docket/...
Quest is using tax payer dollars to challenge tax payer decisions when the issues have already been decided. Hopefully the process doesn't drag on
long before justice can be served.
Posted by VOR on June 14, 2008 at 10:49 a.m. (Suggest removal)
TheVeracious1
"Obviously you're afraid of the TRUTH. Worried that some background info from Casa, etc., might weaken the case against Brandon, are ya?"
No not afraid of the truth at all. I am saying that whatever info the school, Casa Pacifica, CPS or whoever has on Larry King is irrelevant to the criminal case. None of those entities pulled the trigger and committed murder. They may have made it possible by their negligence for it to happen, but none of them actually committed this crime so again it is irrelevant to Brandon's criminal case.
Now when and if there is a civil case, I would imagine that all of this information will be brought out to show how negligent all of the agencies and organizations were. But again that has nothing to do with the criminal case.
"Now your suggestion that Brandon's parents (or the gun owner) should also be prosecuted, loudly implies that you don't think Brandon is truly 100 percent responsible. If an 18 year old shot King, would you suggest prosecuting the parents or the gun owner? Why not?"
Well if an 18 year old had shot King then it would not apply because he is not a minor. I am not sure of the exact law, but I do believe that it is a felony to have an unsecured weapon in your home if there are minor children living there. Since both Brandon is 14 and his brother is 5, then their house would come under this law as minors. It isn't me, it is the law, and a very good one.
To clarify, yes Brandon is 100% responsible for Larry's death. That is not an issue, no one else walked into class and executed Larry, no one else had their finger on the trigger and let the bullets fly. However he did have an accomplice in that whoever gave him access to the weapon under state/federal law is also responsible. We hear of parents being charged all the time for their kids accessing weapons and shooting someone. Why has this not happened in this case?
Posted by ironwoman on June 14, 2008 at 2:16 p.m. (Suggest removal)
"Casa dropped the ball before that resulted in putting two young boys in a dangerous/impossible situation that nearly caused one of the boys to "snap". Casa has knowingly housed young sexual preditors in the past and failed miserably when it came to protecting other children."
Let's blame Casa Pacifica????????
Posted by ironwoman on June 14, 2008 at 5:13 p.m. (Suggest removal)
Veracious1- A person who "snaps" as you call it, has a serious anger problem, regardless of what they learned at home, foster cares, institutions etc....it is UP TO THAT PERSON that has control of their own emotions.
If this was the case, many more "children" would be going off and killing their classmates.
Face it, you are making excuses, poor ones at that, so Mcinerney can get have some type of defense.
I can't answer your question because it doesn't make sense.
Also, your comment, "You obviously have NO IDEA what some kids are forced to deal with as a result of the sick and negligent crap ADULTS do, or fail to do". I don't? How would you know what I know or don't know simply based on my opinion that Mcinerney should be tried as an adult.
Posted by VOR on June 14, 2008 at 5:14 p.m. (Suggest removal)
TheVeracious1
"And wouldn't you agree that the very reason why it is a felony to have an unsecured firearm in a home with minors is because minors lack social, mental, and emotional maturity in their judgement to be trusted with a firearm?"
Well what can I say. I know many minors that have been properly trained in the handling and use of firearms, and they do a fine job. They hunt, they target shoot, and they respect their weapons and understand their lethality. I also know several adults that I wouldn't let within 100 feet of a loaded weapon. However, overall, most minors are not trained in the use of weapons, and the younger children may think of it as another toy, not realizing it is a real weapon and can kill. I am not talking about a 14 year old, they are old enough to know the difference, but younger kids perhaps 10 or younger. The thing is that once again it is the law that dictates that if there are minors in the house, the weapons need to be secured. So it really doesn't matter how mature or well trained they are, it is arbitrary and based on age. As with Prop 21, an age was chosen that was deemed logical and written into the law.
Posted by gramagracie on June 15, 2008 at 8:03 a.m. (Suggest removal)
I have read all your opinions and some of you are correct, others are missing the point. The point being that this 14 year old calculated his act...calculate...he put the plan into place. Sounds like he thought things out! He committed an adult act!
Why is the victim being attacked here? Casa Pacifica did not provide the 14 year old with the gun. Even if his parents had the gun locked I am sure a 14 year old knows how to unlock the lock. The blame rest solely on this young man's shoulders.
Like I said if the law is good enough for gang bangers than it's good enough for ALL 14 year old!
Posted by SUNNY on June 15, 2008 at 9:28 a.m. (Suggest removal)
I have to disagree with you!! Usually when you PLAN things the way an adult would... you would plan in a way that you WOULDN'T get caught!! He did this in front of I don't know how many and was found a short distance from the school! It doesn't sound all that thought out.
Posted by ironwoman on June 15, 2008 at 3:47 p.m. (Suggest removal)
Sunny- Your post "Usually when you PLAN things the way an adult would... you would plan in a way that you WOULDN'T get caught!!"
Really? And how would you know this? How do "adults" commit murders? You need to think twice about that. There are teenagers who commit murder in front of people, not in front of people...who really cares. IT's the INTENT that matters.
Posted by lilmamma on June 15, 2008 at 4:11 p.m. (Suggest removal)
I think Brandon should be in jail a little longer than 11 years but to put in a category of gangbangers and thieves is just wrong. People are on this page assuming are alot and knowing very little. I believe each case should be tried individually and not based on assumptions and lies. A child murdered a child who was gay but why did he do it? What made him snap? Where were the adults? I believe that there are about 15 people who should be brought who should be convicted of a crime along with Brandon. The parents of Larry King, the person whose gun it belongs too, the administrators, and Brandon's parents should all be arrested and charged with something related to this sad,horrific, and murder.
Posted by mtlmolina on June 15, 2008 at 9:26 p.m. (Suggest removal)
lilmamma,
Are you saying that Brandon shouldn't be in the same category as gang members and thieves? If so, I agree because murder is a much worse charge and should be a separate category. (Intentionally obtuse)
However, unless any one of those adults for whom you are advocating charges actually encouraged Brandon to kill Larry King or committed a crime, they shouldn't be charged with anything.
When will people stop trying to blame everyone but the perpetrator? No matter what happens in our lives we are all still responsible for our own actions.
Posted by einahpets on June 15, 2008 at 10:11 p.m. (Suggest removal)
An "Eye for an Eye". Is that what message we want to send? Both families are suffering. What Brandon did was absolutely wrong but to try him as an adult is also wrong.
I hear alot about Brandon's dysfunctional family, but we need to ask why was Larry at Casa Pacifica? Where was his family? Is there alittle dysfunction there? Many are so quick to judge, but what I read are 2 boys who lacked the support that they truly needed in their growing years. Larry certainly did not deserve to die. How can many say that Brandon does? The "get even" mentality doesn't bring back Larry. One must ask what if it were your son? Could you allow this? Consequences need to be handed down, but at a juvenile level. Brandon needs intensive counseling, and the ability to make things right.
Both boy's families have their conscience to live with...didn't they pick up on the signs? Again, where was Larry's family? Was Larry out of control and needed to be placed at Casa Pacifica, or did the family give up on Larry and send him to Casa Pacifica?
Many of their peers will be reading the articles and following the trial. We will have all of their attention- the hope is when all is said and done we have sent a strong but valuable message not only how precious life is but how the legal system is JUST AND FAIR.
Posted by lvnprpl2 on June 15, 2008 at 11:16 p.m. (Suggest removal)
Has Brandon or his family ever shown any remorse for his actions?
Posted by VOR on June 16, 2008 at 1:30 a.m. (Suggest removal)
einahpets,
Trying Brandon as an adult is not "an eye for an eye" as you state. He will not be sentenced to death like Larry was if he is convicted. He will be able to live out his life albeit in prison until some unknown date in the future.
I think the message we want to send is that if you intentionally take another's life, you must pay the consequences. That being that you will loose your freedom for a very very long time. What message do you want to send?
I get very tired of people wanting to blame the victim, or the victims family. They had nothing to do with this, they as stated are the victims here and were not responsible for Brandon taking the gun to school and executing Larry. I am sure that if any of them could have stopped it they would have.
On the other hand I do think that Brandon's parents if that is where the weapon came from should be prosecuted because they broke the law and were basically an enabler in this murder.
As for Larry's stay at Casa Pacifica, that is none of your business, none of my business, none of the press's business and totally irrelevant to the criminal case so it is none of the defense's business either.
The only things that should be relevant are where Brandon got the gun, and the fact that he used it to murder Larry in front of 21 + witnesses. Assuming that Brandon was not in immediate peril and this was a case of self defense which obviously it was not, there isn't much that can be done by the defence other then try and delay things as long as possible and to try and get as many bleeding hearts as possible to apply pressure.
I can only hope that Larry and Brandon's peers follow the case. And for that reason I do hope that he is tried as an adult with real consequences to impress upon anyone else that is a wannabe thug that if you use a gun and kill someone you will go away most likely for the rest of your life. So think twice and find another way to resolve your anger issues.
Unfortunately there is no way for "Brandon to make things right" Larry is dead and he ain't coming back. The time to make things right had passed the moment he pulled the trigger. Now the only question is, should he pay the consequences for his cowardly selfish act. Personally I think he should pay dearly for the life he took. That seems to me to be "Just and Fair".
Posted by flmrmom on June 16, 2008 at 11:51 a.m. (Suggest removal)
myopenyun....are you saying that Brandon shouldn't be held responsible for his actions because Larry "flaunted himself"??? Wow, so kids cannot express who they are because if some other kids doen't like it or is offended by it they could be killed? That is one of the most ridiculous posts on here. Larry did in no way bring this upon himself. It has been mentioned in previous posts on this case that Brandon was a bully at school, I guess he is lucky none of the kids he bullied think the same way he does!
Posted by hotwildflower on June 16, 2008 at 12:56 p.m. (Suggest removal)
I don't think anyone is saying Brandon shouldn't be held accountable but there are extenuating circumstances that played a part in this.
I don't blame Larry by any means, obviously, he was a victim in more ways than his death, but I do think the school should have been much more active in making sure the dress code was followed. Had they addressed that issue from the get go, things may have turned out differently.
And people are saying (which I don't know if it is accurate or not, but for argument sake, let's say it is...) his own family couldn't "handle" him being gay, yet they expect 12, 13, 14 year old kids to be more accepting and "handle it"...if adults are having trouble with it and people who are supposed to love you unconditionally can't accept it, how can you expect KIDS, yes I said "KIDS" to be more tolerant!
Violence is NEVER an answer, but there is a whole lot more to this story than the black and white people paint it out to be.
Posted by flmrmom on June 16, 2008 at 1:33 p.m. (Suggest removal)
As a mother I find it heartbreaking that we should have to tell our kids to not be themselves, to not express who they are freely, that if they are different than the rest that they should hide it because people cannot handle it. My heart breaks everytime I think of what this poor kid went through, that his parents just sent him away because they couldn't accept him, then to have to deal with the same thing at school.
I guess I cannot be objective here because I think of this from a mothers point of view, if this were my son that was killed I would find it impossible to make excuses for the kid that killed him. I guess those that do make excuses for him must not have children of their own.
Posted by hotwildflower on June 16, 2008 at 2:07 p.m. (Suggest removal)
There is such a difference between allowing your child to express themselves freely and a child who is "expressing" themselves to a point of begging for attention.
If my child said he wanted a mohawk and piercings at 13, 14...I would tell him no! I am not stiffling his self expression, it is being a responsible parent.
BTW, you keep saying that I am making excuses when I haven't made a single excuse, I simply believe...as a mother, that sending Brandon to prison for life at the age of 14 is throwing away two lives. I think at age 14, he should be tired as a juvenile. Forgive me if I have compassion for both children lost in this...but apparently, you are the Mother of all Mothers here.
Posted by Kasbah on June 16, 2008 at 3:47 p.m. (Suggest removal)
So many of the posts on this story express blame on the victim. It is sickening that anyone would place any blame on the victim; so what, the victim was gay? He expressed himself as being gay? Someone mentioned a dress code maybe being an issue, give me a break on all the excuses for the shooter killing a class mate. If the victim had assaulted the shooter in some manner (short of threatening the shooter's life), and was shot at that time in so-called self defense, I still say shooting and killing grants no excuse or over-sight. And I agree with the thought regarding the example of this being gang related, if this was gang related hardly anyone would mention short term incarceration for this crime. I do not care what the teen's back ground is/was, if this is how he decided to remedy his problem, then society needs to free of him walking freely.
Posted by SCfan01 on June 16, 2008 at 4:02 p.m. (Suggest removal)
hotwildflower
Thank you, I could'nt agree more!
Posted by dc_n_vta on June 16, 2008 at 4:05 p.m. (Suggest removal)
This is truly a tragedy, but to try Brandon as an adult is ,in my opinion, wrong. He is a child who made an adult mistake. I do believe he should be punished, but he should be punished as the child that he is. No one knows what really went on between Larry and Brandon. There were obviously some underlying issues between those two boys, and we can all speculate about it but we will never know. The rumors are just that, rumors.
Have you all forgotten what is was like to be in middle/high school? There is way too much peer pressure out there. Even in this time of political correctness, men/boys are still brought up to be extremely homophobic. Larry sounded like a very "open" person and isn't it possible that he could have been hitting on Brandon or teasing him? Can you even imagine the unbelievable amount of pressure that put on Brandon from his friends and classmates???? It certainly isn't enough to warrant shooting Larry and it doesn't excuse Brandon but it makes me think that there were more issues there than any of us are privy to. The times are different than they were even 10 years ago; but some things do not change. Children can be cruel to their peers.
I have a boy of my own and i must say that if he were involved in anything like this it would break my heart. But I would never advocate any 14 yr old child being tried as an adult. They deserve the right to be rehabilitated. That is what prison is for in the first place, REHABILITATION.
Brandon will need extensive counseling, he is a frightend young boy who has made a horrific mistake and will have to live with it the rest of his life, but the rest of his life shouldn't be behind bars.
Larry--RIP; you didn't deserve this; it was unfortunate that you were led to believe that you could be yourself in middle school. We all know that it is 100% the opposite, kids are not allowed to be themselves in school, they must conform to the cliques in school or be considered an outsider and spend their school career being picked on by the other kids.
To all the people who want Brandon to 'rot in jail'; shame on you. If this were your child, you wouldn't be thinking this way. And don't think for a second that your child couldn't do this because this type of crime happens in all classes of family.
And yes, Brandon's parents should be held somewhat responsible.
Posted by VOR on June 16, 2008 at 6:30 p.m. (Suggest removal)
dc_n_vta,
"To all the people who want Brandon to 'rot in jail'; shame on you. If this were your child, you wouldn't be thinking this way. And don't think for a second that your child couldn't do this because this type of crime happens in all classes of family."
I wonder how many people would be in prison if their parents were allowed to chose the sentence?
Posted by ironwoman on June 16, 2008 at 6:55 p.m. (Suggest removal)
Another example of poor excuses-
"No one knows what really went on between Larry and Brandon. There were obviously some underlying issues between those two boys, and we can all speculate about it but we will never know. The rumors are just that, rumors.
Have you all forgotten what is was like to be in middle/high school? There is way too much peer pressure out there. Even in this time of political correctness, men/boys are still brought up to be extremely homophobic"
No, I haven't forgotten what it was like in middle school...at least the part where I wanted to shoot my classmates for being gay.
Are you kidding??????
Posted by VOR on June 16, 2008 at 7:38 p.m. (Suggest removal)
Ironwoman,
Good try, but this whole conversation is like that old adage about trying to teach a pig to sing. "They can't carry a tune and it annoys the pig." People are set in their ways of thinking and not much will change their minds. Not that what is said here matters at all, but it is an interesting insight into the way the average person feels.
I think we as a culture have really failed and are on our way out in a big way. Life has no meaning, no one is willing to take responsibility for their actions, and it is always the victims fault. "Don't blame me, I didn't do it". What a sorry society we have turned into in such a short time. Our forefathers are probably turning over in their graves at the mess that has been created.
Brandon is just the tip of the iceberg in the decline of our nation. I fear all too soon this will be the norm if things don't change and change fast.
Have a great day if you can.
Posted by Kasbah on June 16, 2008 at 8:33 p.m. (Suggest removal)
Ironwoman posted
"No, I haven't forgotten what it was like in middle school...at least the part where I wanted to shoot my classmates for being gay.
Are you kidding????"
Really, I agree.
Also, to those who posted that the school and authorities did not do enough to ward off this tragedy - do you really think that the average middle schooler has propensity to kill? And what curbs these tragedies are school personnel and other authorities?
I suppose all flamboyant acting and gay boys should dress and act masculine so as not too provoke an average (I doubt Brandon was known as an average bully) bullying type from killing him. Could it be that Brandon, bullied and teased Larry for being, dressing or acting gay and instead of being intimidated or embarrassed for who he was, Larry gave him the business right back. If one of my children turns out to be a little on the gay or butchy side when he/she hits puberty, for whatever the reason, I hope to hell if he/she is given crap for being gayish, flamboyant, boyish, jock-like or even butch that he/she uses his/her sense of humor and gives them hell - not be embarrassed and try to hide or change who he/she is for the sake of some bully.
Please do not place blame on Larry, this was not a fist fight that went south. It does not appear that Larry was a willing participant in a physical confrontation the moment he died.
My heart goes out to both families.
Posted by mypov on June 17, 2008 at 1:42 p.m. (Suggest removal)
U do the crime, U should pay!!! stop babying these kids, its time to take the nipple away. let them man up!!!!
Posted by Kasbah on June 17, 2008 at 8:06 p.m. (Suggest removal)
TheVeracious1 posts:
"And it's ok for gay officers to "be themselves" and prance around and flaunt their gayness while on or off the job? Ya well you can't exactly "be yourself" in the military either.
If a straight adult man was constantly "hit on" and taunted by a flamboyant gay man at work, and the employer knew but did nothing, the employer would be in big trouble. It's called a hostile work environment. We have state and federal laws protecting people at work. Don't our kids deserve the same protections while at school??
Shame on ALL the ADULTS that allowed such a hostile environment to escalate."
You cannot be serious???
I think back to all the crap my peers and myself endured in school. There was sexual harassment, there were racial issues, there was all kinds of crap going on. It did not seem that the school staff was neglecting us, as I see it we all need to experience situations as teens and in school so we can learn how to cope as adults. My sister went to HS approx seven yrs. after I went, when she went it was in to be bi or claim to be gay or lesbian - I am sure it was another experimental phase for that generation. No one was complaining, no one was shot.
Usually young children are accepting of all people and then as they get older they are more cruel, but it is rare that they are compelled to kill.
Why do you keep making excuses for Brandon?
Posted by Equitable_Enforcer on June 18, 2008 at 9 a.m. (Suggest removal)
If Brandon is tried in adult court he might be found guilty as charged. However, the truth will prevail IF the judge allows defense to present matters in extenuation and mitigation. If so allowed, facts will surface that could well result in criminal charges being filed against the very persons who had the knowledge and the power to protect Larry. Instead, they chose to pursue an agenda that eventually led to Larry's death.
Posted by SCfan01 on June 18, 2008 at 12:16 p.m. (Suggest removal)
The Veracious1
Hats off to you, what you have said is 100% how I feel! Maybe these others missed the part where Larry chased Brandon around the school in dresses just to annoy him. Knowing Brandon wanted to be left alone. What is up with that? These people need to sit down and think about it. I think in an adult world, it is called stalking, which is a crime.
Posted by VOR on June 18, 2008 at 8:06 p.m. (Suggest removal)
oldoxn01
"Maybe these others missed the part where Larry chased Brandon around the school in dresses just to annoy him. Knowing Brandon wanted to be left alone. What is up with that? "
Yes by all means, lets blame the victim. I am not sure where you are getting your information from but I don't think you have it correct. I do not remember hearing that Larry ever wore a dress to school. If he did I am sure even as inept as they were, the school admin would have made him change.
Next I am not sure that Larry was chasing Brandon down as you say. From what I heard he acted in response to Brandon's bullying, the only way he could, but going to the extreme and throwing the taunts back at him.
Brandon was a good foot taller then Larry, was involved in martial arts, Jr. Marines, was heavily involved in sports and was known as jock. Larry was the complete opposite so if there was any bullying I do not think that it was Larry doing it. Where is the power there?
So by all means blame the victim, it is so easy, he is gone and can't defend himself. In the mean time, you had better check your sources before perpetuating more myths and inaccuracies related to this.
Posted by Kasbah on June 18, 2008 at 8:30 p.m. (Suggest removal)
I never missed your point.
Was Brandon so threatened, in his masculinity, or in fear for his safety? Why was Brandon sooo bothered by this gay kid?
Alright, I have been thinking on all of this with the added commentary regarding Larry pursuing Brandon. Initially I had heard that Larry made comments to Brandon - my thoughts on that were almost the same as now hearing that Larry chased (physically chased?) Brandon around...was this continuously? - it still just about sits the same for me - except that there are many questions for the school staff, in my mind.
Was there at any point during this annoyance to Brandon, that Brandon either beat the crap or threatened to beat the crap out of Larry? If not, that makes me wonder 'why not?'. I do not condone kids knocking the poop of each other, but it happens. Did Brandon ever ask school staff to make Larry stop annoying him? Did Brandon go to his parents and complain of the harassment? Did Brandon's parents have a sit down or conversation regarding Brandon's complaints with the school? What happened in the time leading up to the killing of Larry? How many times did Brandon get chased around and/or hear the comments? Is it true that Brandon had been involved martial arts?
What adult in Brandon's immediate life made a gun that accessible? What made Brandon kill so easily? Why didn't Brandon just beat the crap out of Larry?
How many of you here that are parents would want your son hanging out with a young adult that killed someone so easily at the age of fifteen, if you would not, why not? How many of the parents here would their daughter to go out, be involved or marry Brandon - totally rehabilitated, at say age 25 yrs. old? How many of you, any of you would be fine having Brandon as a neighbor?
Brandon's life is ruined, who would want to live with what he did on their conscience?
Maybe Brandon should not be tried as an adult, but he should not be tried as youth for this killing as if it was an accidental death. I think he needs to be locked up and monitored - he killed to easily, it was his first reaction - to kill? That is not normal or average. If I was his parent I would be afraid of what he is capable of in the future. If he had beat the crap out of Larry I would think of this completely differently.
It is so sad for all involved.
Posted by Kasbah on June 19, 2008 at 8:23 p.m. (Suggest removal)
TheVeracious1:
Then help me out with your point, sincerely. Here at home we have been discussing this situation, among elderly parents and our generation. I really cannot understand why Brandon went to such an extreme.
I know I came into this discussion late, but I really would appreciate your pov and will revisit all posts tonight.
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