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Motion filed to move school shooting case to juvenile court


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Brandon McInerney is charged with first-degree murder and a hate crime.

Brandon McInerney is charged with first-degree murder and a hate crime.

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Quest

Quest

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The state law allowing a 14-year-old defendant to be sentenced to life in prison without the possibility of parole is cruel and unusual punishment, a defense attorney contends in a new legal document filed on behalf of teen slaying suspect Brandon McInerney.

The Oxnard youth is charged with killing classmate Larry King, 15, who also was from Oxnard.

McInerney's attorney, William "Willy" Quest, filed the legal motion this week asking a Ventura County Superior Court judge to shift his client's case from adult court to juvenile court.

The teen is charged with first-degree murder and a hate crime in connection with the Feb. 12 killing. Larry King, who sometimes wore makeup, told friends he was gay.

McInerney is accused of committing the shooting at E.O. Green School in Oxnard as students were working on English assignments.

If McInerney is convicted as an adult, he faces a sentence of 51 years to life in prison.

Quest, who had said since May that he would present a challenge on constitutional grounds, filed his detailed legal motion on Tuesday with many exhibits and case citations from the California and U.S. supreme courts.

A July 24 hearing is set on the matter.

Before that date, prosecutor Maeve Fox is expected to file a response to the defense attorney's motion.

Fox couldn't be reached for comment late Friday afternoon.

Although Quest's legal petition was submitted to the court several days ago, it wasn't placed in the official case file until Friday afternoon. It took courthouse clerks about two hours to find it in response to a reporter's request.

Quest, who is with the Public Defender's Office, said Friday that he didn't know whether he would appeal any judicial decision rejecting his legal arguments.

"We'll take that one step at a time," he said. "Right now, we are hoping that the court grants relief based on our motion."

Absolute discretion'

In 2000, California voters approved Proposition 21, which widened prosecutors' authority to file charges in adult court against juveniles 14 and older without having to go to a judge.

Quest contends the law is unconstitutional because it allows cruel and unusual punishment against his client, who turned 14 just three weeks before the shooting occurred. He said prosecutors can charge juveniles as adults if the minors are accused of committing even one of the crimes listed in the state law.

"They have absolute discretion," Quest said, adding that prosecutors don't even have to consider the circumstances of the crimes.

Also, young offenders can be sent to adult court even if they've never been in trouble with the law, Quest said.

"It's just whether they (prosecutors) believe they committed this crime," he said.

Before Proposition 21, a juvenile, for the most part, had to be 16 to be tried in adult court, and a judge decided whether a juvenile should be sent to the adult justice system after a so-called fitness hearing.

According to Quest, the California Supreme Court addressed some legal issues concerning Proposition 21 in the Mandulay v. Superior Court case.

But those legal issues were related to concerns about due process, inasmuch as the proposition did away with a fitness hearing and gave all the power to prosecutors, Quest said.

Diminished culpability'

The state's highest court found Proposition 21 to be constitutional although it never addressed the Eighth Amendment issue — cruel and unusual punishment — Quest said, noting that this is what his petition seeks to do.

He said he has some recent U.S. Supreme Court cases on his side, touching on issues he is raising in his legal arguments — Atkins v. Virginia, a 2002 case, and Roper v. Simmons, a 2005 case.

In the Atkins case, the Supreme Court ruled that it is cruel and unusual to execute the mentally retarded, Quest said. In the Roper case, the court prohibited the execution of minors under 16 years, he said.

The court "talked about the diminished culpability of juveniles," Quest said.

"The ultimate punishment is the death penalty, but the Supreme Court has also talked about life in prison for juveniles (as) also one of the most serious punishments ever."

Discussions

Posted by slkrchck on June 28, 2008 at 2:17 a.m. (Suggest removal)

i couldn't even read the whole thing. this whole issue is ludicrous. why is the boy that killed kyle swartz still walking around. that one was actually........ah, forget it.

Posted by CatInAHat on June 28, 2008 at 6:05 a.m. (Suggest removal)

The thing that concerns me is that the prosecution has sole right to decide whether a kid should be tried as an adult or a juvenile. Now I agree that there are kids who should be tried as adults. But the prosecution should not be making that decision. Long ago the prosecution gave up on seeking justice; now it only seeks convictions. The two are not mutually exclusive.

My belief is that we need an impartial judge to decide this issue after reviewing the merits of both sides of the issue.

This case could merit a writ of cerciari and wind up in the U.S. Supreme Court. This case is years from the court room if the prosecution wants to try this kid as an adult.

Posted by JenLynn on June 28, 2008 at 7:52 a.m. (Suggest removal)

"cruel and unusual punishment"...what about shooting someone in the back of the head? Why do people have more rights after they commit a crime?

Posted by ironwoman on June 28, 2008 at 8:22 a.m. (Suggest removal)

Shoot someone in the back of the head, go to prison and claim its cruel and unusual punishment to be in prison.....sounds like some federal judge in San Francisco.

Oh, I know...maybe he should claim some mental illness so he can live in the Camarillo Prison. It should be built by the time this goes to trial.

Posted by SUNNY on June 28, 2008 at 8:24 a.m. (Suggest removal)

I agree CatInAHat! I believe this Prop. 21 was intended for juveniles who repeatedly break the law and thier crimes esculate!! (Like gang members!) there is NO doubt that this child should be punished and rehabilitated! But he IS a Child and has never been in trouble before, so I believe he belong in the juvenile court!

Posted by ironwoman on June 28, 2008 at 8:57 a.m. (Suggest removal)

Sunny- I believe prop. 21 was about trying juveniles (at the age of 14) as adults for serious offenses.

This is a serious crime if you haven't noticed.

Posted by ironwoman on June 28, 2008 at 9:03 a.m. (Suggest removal)

California Proposition 21, known also as Prop 21, was a proposition proposed and passed in 2000 that increased a variety of criminal penalties for crimes committed by youth and incorporated many youth offenders into the adult criminal justice system. Major provisions of the proposition, as summarized by Attorney General of California are:

Increased punishment for gang-related felonies; death penalty for gang-related murder;
indeterminate life sentences for home-invasion robbery, carjacking, witness intimidation and drive-by shootings; and a new crime of recruiting for gang activities; and authorizes wiretapping for gang activities.
****
Requires adult trial for juveniles 14 or older charged with murder or specified sex offenses.
*****
Elimination of informal probation for juveniles committing felonies.
Required registration for gang related offenses.
Designation of additional crimes as violent and serious felonies, thereby making offenders subject to longer sentences.

**Just a little information about the proposition.

Posted by cowchip on June 28, 2008 at 9:09 a.m. (Suggest removal)

Geez, Sunny...you say "he IS a Child and has never been in trouble before." OK, so your point is the fact that he killed another person in cold blood is not really so bad because he's just a kid and it's not really so bad because he's never been in trouble before. Prop 21 aside, he is old enough to know that what he was doing is wrong. Give me a break!

Posted by SUNNY on June 28, 2008 at 9:09 a.m. (Suggest removal)

Gee ironwoman it does state murder your are right, but I believe it was passed based on for the most part GANG related crimes and that's why it was passed by voters.

Posted by SUNNY on June 28, 2008 at 9:13 a.m. (Suggest removal)

No cowchip I'm not saying what he did wasn't so bad, it was terrible, but I don't believe this kid was all there not only in brain development, but I'm sure the problems that he had at home had some contributing factors, as well! I'm just saying throwing this kid away for the rest of his life would only compound the tragedy!! I DO believe he need to be punished but to what extent???

Posted by yotonto on June 28, 2008 at 9:18 a.m. (Suggest removal)

CatInAHat,

First of all, it's "Certioari".

Since you used the phrase "writ of cerciari", then you must know that this proceeding is discretionary and not a right.

Also there must have been a ruling by a lower court first.

This case hasn't even been tried yet!

As to who decides if this kid will be tried as an adult. It will be a judge. The procecutor only brings the case before a judge and argues the merits of the case for a judge to consider.

So the procecutor isn't the one to do it, as you stated.

If you are going to throw fancy terms around, know what they mean.

Posted by SUNNY on June 28, 2008 at 9:30 a.m. (Suggest removal)

yotonto- you're wrong if you read the article, it states that prop. 21 widends the authority of the prosecution to determine if the case is to be tried in juvenile or adult court CatInAHat is correct!

Posted by SUNNY on June 28, 2008 at 9:43 a.m. (Suggest removal)

slkrchck- you're right we haven't heard anything about any arrests made in the case of that young man Ryan Swartz as of yet have we?? What's up PHPD? Has anyone heard anything about him or the other stabbing victim from Camarillo?

Posted by senorbriar on June 28, 2008 at 9:47 a.m. (Suggest removal)

This was horrible...no doubt, and he should be punished accordingly. Nobody wins in a case like this...but life in prison without parole for a kid who is barely 14 doesn't seem right....stick him in Youth Authority until he is 25 as juvenile law allows...thats 11 years of incarcaration...thats more than most murderers get any way...I think Quest is a bright attorney who will battle this to the hilt...do you remember your own thought process and judgement when you were 14?..well I don't but it probably wasn't good

Posted by keepin_it_real on June 28, 2008 at 11:30 a.m. (Suggest removal)

I don't understand all this brain develpoment crap. I'm sorry but a 9 or 10 year old knows that cold blooded murder is wrong. The boy knew what he was doing and obviously planned it. I don't care what was going on in his life. Stuff happens to us no matter what age we are, but you don't go out and shoot someone in the head. And he is no different than anyone else just because he is 17. Lots of other 17 year olds have of problems too.

Remember Columbine? What if those 2 idiots that did the shooting lived? Some doo gooders would find a way pick their brains and find some crap to say like, their brains aren't fully developed so lets not be so hard on them? I don't think so.

I wouldn't want him living next door to me if and when he gets out of juvy or jail. No telling what he will be like then. He is already a sick puppy. His life is already ruined no matter what happens to him and he deserves that for what he did.

Sorry, no boo hoos from me.

Posted by VOR on June 28, 2008 at 12:07 p.m. (Suggest removal)

I am sorry, but 11 years in juvie just isn't long enough. Heck they are talking about giving those kids in Orange County 38 years and all they did was cheat on their tests and change a few grades.

Come on folks, Brandon was old enough to know he was going to kill Larry. He watched enough TV to know that he would be caught, the bad guys are always caught you know. And I am sure he knew that there would be consequences to his actions.

This is such an open and shut case of premeditated murder, if this isn't a poster case for Prop 21 then nothing is. There is no doubt that he did it so his attorney is fighting it the only way he can. Good for him that is what he is being paid for, but hopefully the powers that be are smart enough to see through it all.

Perhaps and equitable sentence would be to send Brandon away for the amount of years that Larry would have lived. Say Larry would have lived until 72,which is the average age these days, so why not put Brandon away until he is 72. That sounds fair to me. What kind of trial did Larry get before he was given the death sentence, certainly he was not tried in juvenile court.

Come one folks and wake up if you cheapen life to the point where it is more serious to cheat on a test then to kill another human being in cold blood, we are all in trouble.

Posted by high_society on June 28, 2008 at 12:39 p.m. (Suggest removal)

So, if a "homie" who is underage shoots and kills someone, will he still be tried in juvi?

Or does this only apply to Brandon?

I'm just saying, Brandon PLANNED this.

When someone gets mad, usually it takes a day or two to cool off. Brandon got worse. But he still planned it.

Also, his parents are really screwed. They would argue and FIGHT in front of Brandon, violence is all he knew.

Sad, sad, sad.

Posted by Comments on June 28, 2008 at 12:58 p.m. (Suggest removal)

Keepin it real - he's 14 (he had just turned 14 when he killed Larry King) not 17. I'm not sure that matters, but I thought that it was an important clarification to make. I know for sure that I was far more mature at 17 then I was at 14.

That said, I don't think that there's any excuse at all for what McInerny did. He committed premeditated, cold blooded murder. There's no doubt in my mind that he knew what he was doing and that he knew the death was permanent. When I first heard this story my emotional reaction was that it was right for him to be tried as an adult. Now I'm not so sure. I really have no idea what the "right" answer is here and I'm glad that I'm not having to sort this one out. I do admire McInerny's public defender and feel that he is doing what's best for his client and for the law in general.

At the end of the day this is just a sad, sad story all around.

Posted by Kasbah on June 28, 2008 at 1:11 p.m. (Suggest removal)

Posted by TheVeracious1 on June 28, 2008 at 12:51 p.m. (Suggest removal)

VOR -

72 years?? Average life span of male homosexuals is around 43 years of age.

VERY cheap shot. You must be personally attached to this tragedy, I am sorry for your pain. But, please do not reduce Larry to so little. It is unfortunate for Brandon and what life has now dealt to him, I feel that he will never be an average normal adult - whatever that means. I would never want him near me, or my loved ones, or even walking free in society. How is he any better than a juvenile gang member? In fact, juvenile gang members that commit murder are most likely intimidated into his/her crime by the gang mentality he/she is surrounded by, used by adult gang members to do their dirty work, not an excuse - they are all dangerous, and damaged for life as far as I am concerned. Brandon did this all by himself, so how is he more deserving of any more or less than a gang member murderer?

Posted by 805m0mma on June 28, 2008 at 1:18 p.m. (Suggest removal)

Very sad and unfortunate situation. As a mother if I were in the Kings' shoes I would want this kid prosecuted to the fullest extend...but from an outsider looking in, I think it would be a tough decision to make to try him as an adult or not.

Posted by SUNNY on June 28, 2008 at 1:44 p.m. (Suggest removal)

As a mother, if I were Larry's mother, I know that nothing will bring him back! Brandon WILL be punished!! He will do YEARS, no matter what, but I think he is a young boy and he's had a messed up life, and that should be taken into consideration... I think he should get help for his physchologiacl problems, and given some kinda chance. Instead of being thrown away... maybe it is society that is at fault for not getting involved in this child's life, due to his families drug abuse and violence! Someone dropped the ball!!!

Posted by keepin_it_real on June 28, 2008 at 2:34 p.m. (Suggest removal)

opps!!!! Thank you COMMENTS for clearing that up. I knew is 14, but I typed 17. You are right though, there still is a big difference between the mind of a 14 & 17 year old, but he still knew better.

I do like the idea of putting this guy away for whatever the normal life span is. It is a brilliant idea. Then (maybe) if he gets back out on the streets he will be a very old man.

Posted by CatInAHat on June 28, 2008 at 3:19 p.m. (Suggest removal)

yotonto - yes, I did miss type. I apologize if the error offended you.

I also did mistakenly, thanks for the correction, think that pre-trail rulings were subject to submission to the Supremes.

Also, I do know that the granting of Certioari is not a right to the plaintiff. However, if this case goes through the adult system, it begs for review by every court that will take it for review. I could be wrong, you could be wrong, but I feel this is exactly the kind of case that this U.S. Supreme Court will take up . . . . if it gets that far.

Of course everyone here is speaking as if the kid is already convicted. That is not a lead pipe cinch either. All it takes is one jurior to see it differently and have the will not to cave to the pressure in the jury room. OJ beat it and most believed that he was guilty. Anything can happen . . . even in Ventura County.

I also see a change of venue coming.

Posted by SUNNY on June 28, 2008 at 3:26 p.m. (Suggest removal)

I think a change of venue would be appropriate in this case as well, plus this case should go to a higher court... I totally agree with you CatInAHat!

Posted by ironwoman on June 28, 2008 at 3:48 p.m. (Suggest removal)

Veraciaous1, how do you know I "intentionally" did not write the entire history. Are you psychic?
I simply looked it up and shared some information about it. Now your version I would love to read about so why don't you tell me where I could find that.
As far as voting for the proposition, it was obviously important for Californian's to want juveniles tried as adults for serious crimes, including murder.

That's just the way it goes veracious1---don't like it? Write letters to your local legislature.

Posted by Kasbah on June 28, 2008 at 3:58 p.m. (Suggest removal)

Posted by CatInAHat on June 28, 2008 at 3:19 p.m.

Of course everyone here is speaking as if the kid is already convicted. That is not a lead pipe cinch either. All it takes is one jurior to see it differently and have the will not to cave to the pressure in the jury room. OJ beat it and most believed that he was guilty. Anything can happen . . . even in Ventura County.

I also see a change of venue coming.

I do not read that anyone already has Brandon convicted, I am reading the discussion/debate on how they want to try him - Adult v. Juvenile.

No one witnessed OJ murder anyone, many witnessed
the murder of Larry. How would one juror see it differently? Sanity or self-defense?

Posted by Kasbah on June 28, 2008 at 4:07 p.m. (Suggest removal)

Posted by TheVeracious1 on June 28, 2008 at 2:55 p.m. (Suggest removal)

kasbah -

Cheap shot - perhaps And here I thought 43 was being quite generous. Why would you assume I'm personally involved in this case?

I did not intend to write that as an 'assumption', apologies. There is something to your POV that is personally touched - not assumption - it is how I feel when I read what you write. Do you hate on gays in general or is it because it easier for you to blame the victim, or should I say Larry - cause I get that you feel Brandon more the victim than Larry in this tragedy.

BTW, what would you be thinking if Larry was your son or nephew?

Posted by Bethany on June 28, 2008 at 6:01 p.m. (Suggest removal)

Cruel and unusual punishment? The kid did a very adult crime, MURDER. He's a murderer who commited a hate crime and deserves the highest punishment. He knew better, he made his life choice when he decided to take someones life. A family lost their child because of this unevolved bottem feeder. Lock him away forever.

Posted by ironwoman on June 28, 2008 at 6:52 p.m. (Suggest removal)

Veracious- I did google it. I found several articles but I didn't find anything referring to Pete Wilson's "coincidental" timing during his Republican campaign for presidency.
In fact, one of the companies you mentioned that gave $50,000 was in the initial stage to have the proposition on the ballot. So what. Politicians get money from all over the place, big companies at that for campaign money.
The Attorney General's Office was for this measure, the Victim's RIghts Activists were for this measure, Republicans were for this measure, etc...tough on crime people were for this measure.
SO what is the "real deal" as you claim?
There isn't one. It is a matter of those who believe in being tough on crime vs. those that aren't. The winner: Tough on Crime...
The opposers were organizations such as the human rights, children advocates, and the aclu...liberal organizations that if it was up to them these "poor little children" would be in regular schools with good and innocent kids.

Thank goodness for the justice system.

Posted by Kasbah on June 28, 2008 at 7:29 p.m. (Suggest removal)

Posted by RWHITE on June 28, 2008 at 6:58 p.m. (Suggest removal)

It would have been a matter of time that something would happen to that King kid.Those type attract trouble.He was a bottom feeder.

You know my thoughts are similar regarding this tragedy. However, the difference is that I think it was probably just a matter of time before a teen that could kill for nothing would have killed someone/anyone else. During the discovery phase they will undoubtedly have Brandon evaluated, probably are doing that presently. Maybe that will lead to some answers regarding his mentality. Could be that this teen just has the propensity to kill, if it wasn't a gay teen it probably would have been just a matter of time before it was someone else who threatened him or pissed him off somehow.

He should be tried as an adult so that the system can keep him locked up as need be. Why would anyone want him turned loose at the age twenty-five just because he turned twenty-five, if he is mentally compromised is turning a certain age going to set him right?

Posted by yotonto on June 28, 2008 at 7:38 p.m. (Suggest removal)

CatInAHat,

Yes, only if there is a conviction will "cert" or other motion will be applied and used most definitely (I would think). This young man's attorney would be incompetent not to do so.

I wasn't offended by your use of 'cert', I just wanted to clarify it's meaning.

Many people who comment here using big words and legal jargon have no clue what they are saying. Obviously you are not one of them.

(too much Matlock)

Just more bad information getting out there.

Posted by CatInAHat on June 28, 2008 at 8:22 p.m. (Suggest removal)

When folks speak of trying him as an adult so he will not be released at age 25, that is a huge presumption that the alleged shooter will be convicted.

What would a juror let him off on? Notice I said, β€œLet him off or forgive him. I will give you several, all that will perhaps fly in the face of any instruction given them by the trail judge – I am not condoning these reasons, it is just that juries are a strange group of citizens:

1. The shooter was too immature to act in a socially correct manner.
2. The shooter was raised wrong.
3. Mr. King, by his outrageous behavior towards the shooter, got what was coming to him.
4. The shooter watched to much TV and was influenced by fantasy – a play on the Twinkie defense.
5. They think that deep down the shooter is a sweet kid that made some stupid and immature decisions.

The courts that will review this pre-trial motion, are going to find this a juvenile matter. Because if this thing goes to a trail and conviction, on appeal the adult conviction is going to be reversed. Unless this shooter goes through juvenile justice system, he is going to – eventually - catch a pass.

If this is the case, he might only spend 3 to 5 years in juvenile detention, not to age 25 and he will be back on the street at age 18.

Posted by celtcwrtr on June 28, 2008 at 10:03 p.m. (Suggest removal)

oj did not walk up to someone in a room full of witnesses and put a bullet in the back of their head.

this motion against this accused murderer being tried as an adult is complete and total b.s. he knew what he was doing. in fact, he probably thought it was worth doing because of the limited amount of time he'd serve under juvenile rules. he deserves to be tried as an adult. and if my child had been sitting in that classroom i'd file a civil suit against whoever provided him access to that gun.

there is no rehabilitation for cold-blooded premeditated murder.

(spoken by a political progressive who is against the death penalty, by the way. but i have no problem with a convicted first-degree murderer - by way of irrefutable evidence - spending their life incarcerated. in fact, i think they should be. rather like the manson women...)

Posted by VOR on June 28, 2008 at 11:27 p.m. (Suggest removal)

On Feb 28, 2002, the California Supreme Court upheld proposition 21. The issue in the case was in part, due process violations (the prosecutor has too much discretion). The state Supreme Court overturned an appellate court's decision.
http://www.courtinfo.ca.gov/programs/...

In 2003, the California Supreme Court refused to hear the appeal of Antonio Nunez who was sentenced to life without the possibility of parole for crimes he committed at age 14. The issue at hand was cruel and unusual punishment. I should note that he has a new attorney and they are attempting to appeal in the federal courts. But...

On April 14, 2008 the US Supreme Court refused to hear arguments in the case of a 12 year old who was charged as an adult for murder in South Carolina and received a 30 year sentence. The appeal was based on violation of the convicts' 8th amendment rights against cruel and unusual punishment.
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.

Ref:
http://www.leginfo.ca.gov/cgi-bin/wai...

Upon conviction in adult court, Brandon can request a pre-sentencing fitness hearing to determine if he should be sentenced as a juvenile. A change that proposition 21 caused is that the burden to prove that he qualifies for CYA is on him. Prior to Prop 21, the fitness hearing was held before the trial and the burden was on the prosecution to prove that CYA was not appropriate. If he is successful in his fitness hearing, he is sentenced as a juvenile. The JUDGE makes that determination, not the prosecution. The DA has always had the authority to determine what court to file with and what charges to file. Proposition 21 just extended that authority to cover 14 year olds and up if they were charged with certain crimes.

Posted by wynonarose on June 29, 2008 at 8:28 a.m. (Suggest removal)

Reading the comments related to this crime have convinced me of one thing...I am not qualified to make any decision whatsoever.

I don't know anything about the laws and propositions and regulations.

All I know is that shooting someone in the back of the head is a crime. Firing a gun around a school room is a crime. Having a gun someplace where a 14 year old can get it is a crime.

I hope I am not one of the jury in this case because it seems like an impossible situation to make a cut-and-dried decision over.

Posted by myOpenyun on June 29, 2008 at 8:53 a.m. (Suggest removal)

slkrchck if someone would talk about the killing of Kyle he might not be walking around still.

Posted by lqqker93033 on June 29, 2008 at 10:30 a.m. (Suggest removal)

I've read about the killing of Kyle. I knew him, and worked with him too. But I hate to say that his killing may not be solved. If anyone remembers of the killing of Anthony Roseby and his friend. They were the ones being chase down Ventura Rd and shot at. His car was the one that hit one of the trees near the Navel Base. I'm Anthony Uncle. And we're still waiting for the day someone is arrested for their death. I feel sorry and sad for Kyle's family. I know and understand what they are going through.

Posted by shaver_one on June 29, 2008 at 12:28 p.m. (Suggest removal)

This 14 year old found a gun, made sure it was loaded, took it to school, walked up behind his intended victim, shot that victim in the back of the head, in the presences of witnesses...his own classmates. Premeditated, cold-blooded murder.
IF he is to be tried as a juvenile, and released at age 21 or 25, then Charles Manson should be released from prison. Manson NEVER shot nor stabbed anyone at the Tate residence or the LaBianca house. Manson was nowhere near the crime scene.
Don't get me wrong. Manson is a monster, and belongs where he is. But, he didn't murder anyone on those two nights in the Hollywood Hills.
McInerney knew what he was doing, why he was doing it, and what would result from his actions. At least he will not face the Death Penalty
Larry King is just DEAD...and that is forever.

Posted by shaver_one on June 29, 2008 at 12:36 p.m. (Suggest removal)

BTW: Manson WAS guilty of Conspiracy to Commit Murder. But, in 1969, Conspiracy was not a crime eligible for the Death Penalty...which was Manson's sentence. The California Supreme Court nullified the State's execution laws in 1972, and Manson was given Life With the Possibility of Parole...which has been denied time after time over the past 36 years.

Posted by SUNNY on June 29, 2008 at 1:41 p.m. (Suggest removal)

how can you compare this 14 yr. old child to Manson!! Manson was an adult, on parole with a history of crimes!! I can not see ANYTHING that is similar!!

Posted by santabarbarasand on June 30, 2008 at 11:39 a.m. (Suggest removal)

This boy, abused or not, young or not, killed someone else. He planned it, told people about it and carried out the act in a class full of other kids, traumatizing some of them forever. What use is the for him in this world, seriously? He will go to prison, we all know that. There is NO way that a lawyer is getting him out of it, there were witnesses so he can't be let off like OJ was. No, he'll go to a juvenile lock up and the gay boys are going to torture him. Then if he is still alive by the time he is 18, he will go to prison and the gay men there will torture him.

It doesn't matter really whether he is tried as a juvenile or an adult, his life is over. Perhaps it would make me sad if I weren't a mother who if my children were harmed or killed by someone I would want to see them tortured every day for the rest of their lives. It would NOT matter to me what age they were or what type of childhood they had.

I don't hate this boy or pity him but I AM glad he is not on the streets! Veracious... I am sure you will have some type of response at my difference in opinion here but it doesn't matter.

Posted by santabarbarasand on June 30, 2008 at 11:52 a.m. (Suggest removal)

Sunny, lots of people are raised by unfit parents and that is no excuse to go around killing people just because you don't like their opinions or beliefs. He was a terrorist in a way, killing someone because he didn't agree. Religion, sexual preference, political views... we all have them but it doesn't make it okay to kill each other because of differences! This KID did that and he should be put away somewhere far from society for the rest of his life. As a mother, he makes me sick and people trying to excuse his behavior are part of the problem! If it was your child or someone else you care about that he shot, would you feel this same way? In these situations that is the most important question to ask yourself.

Posted by dc_n_vta on June 30, 2008 at 11:55 a.m. (Suggest removal)

To all of you who are for Brandon getting 'life'; I seriously doubt you would be voicing such strong opinions if this happened to an underage relative in your family. He is a CHILD and should be punished accordingly. CYA seems like a better fit than adult prison. It's really sad that there are so many people in VTA who would like to see yet another life taken, because that is what will happen if Brandon is tried as an adult. Maybe you all should go back to the middle ages where you can round up the criminal yourselves and hang him in town square where you and your family can watch and cheer the hangman on!!

Posted by flmrmom on June 30, 2008 at 1:08 p.m. (Suggest removal)

dc_n_vta, he will go to CYA until he becomes an adult, he will then be transfered to an adult prison.

Posted by LivinInPoorMansPV on June 30, 2008 at 3:45 p.m. (Suggest removal)

Kasbah
If you have followed any of the articles, Brandon did not do this all by himself. He is a straight boy that was being harrassed by a gay boy. NOT COOL! I would have beat the piss out of him. It is very unfortunate that Brandon resulted to such an extreme defense. He will have to pay for the rest of his life, and probably be harrassed by more gays in the prison system. I am also sorry that Larry's insecurities were so bad that he had to play out his actions on those innocent people around him. The rainbow coalition, needs to make people confident about there own feelings, not turn them into self centered bullies and feel they deserve SPECIAL ATTENTION and ACCOMODATIONS (not following school rules etc)!

Posted by VOR on June 30, 2008 at 3:58 p.m. (Suggest removal)

TheVeracious1, I am not sure what your response to me has to do with Brandon being tried as an adult here. All it shows is that there are less cases of juvenile incarceration. Could that be a by product of Prop 21. The fact that there are real consequences for committing a crime and they won't get a walk? Or maybe it is because there is an overwhelming amount of bleeding hearts that do not believe that people should be held responsible for their actions. My guess it would be that. Better to put the criminals out on the street with a slap on the wrist and tell them not to do it again. That is why gang warfare is on the increase and life appears to have less and less value. We are all in trouble unless we start enforcing the law with vigor.

Brandon was a thug, it was only a matter of time before he killed or seriously hurt someone. He was a known bully and he acted the the way a cowardly bully acts, by taking advantage of a weaker person. He deserves everything that he gets for this brutal murder, and probably more.

I would wager that it will never even go to court, adult or juvenile. After the appeals are turned down, there will be a plea bargain cut for some period of time, perhaps 30 years or so. But I do not expect anything to happen until some time next year as these days justice is anything but swift.

If it was a perfect world, there would be no such thing as juvenile / adult court and the defendants would be charged and if found guilty the judge would set the punishment based on the crime. However the world is far from perfect and there are too many bleeding heart judges out there that want to spare the rod and spoil the child. All those great "Dr. Spock babies" now making a mess of things. This is why Prop 21 was passed, so there would be real consequences for real crimes.

Posted by VOR on June 30, 2008 at 4:08 p.m. (Suggest removal)

LivinInPoorMansPV, Yes by all means, lets blame the victim here. He forced Brandon to put the gun to his head and kill him. Gimme a break. Perhaps Brandon should have beat the crap out of him. Larry would still be alive if he did. I wish he had beat the crap out of him, but he didn't. He chose to get his parents gun and murder him. Sounds pretty stupid but that is what he did. Sounds like a little bit of overreaction to me. Did he want to be the big man on campus, the bad a-s, who knows. Has he even shown any remorse for his actions other then feeling sorry for ruining his own life? Brandon you screwed up big time, you took a life for no good reason, hopefully you will pay for your actions and have many many years to think about what you have done. I can only hope that anyone else contemplating such and act will see the mess that this causes and think twice about it and choose a more civilized approach to settling their differences.

Posted by LivinInPoorMansPV on June 30, 2008 at 4:17 p.m. (Suggest removal)

I still don't understand why the school let Larry get away with "murder". These children were under there supervision, I still can't figure out how this even happened. I hope all the schools have finally learned there lesson! Geez as if Columbine wasnt enough to open there eyes, oh I forget where we are. In the LAUSD system, they make ALL the students attend assemblies on bullying/racism. My son was bullied everyday when he went to Anacapa MS. I even had a face to face with Dr. M the principal at the time and he did NOTHING. While my child was afraid to leave school everyday, AFRAID FOR HIS LIFE! This boy threatened my son's life. I contacted the police, again NOTHING! Apparently it was the Schools job to contact the Police themselves. I am not saying at all that what Brandon did was right in any way! Larry, the poor lil thing, his family couldnt handle him so he was dumped off, he was living in pain too. So very sad.

Posted by meatballperson on June 30, 2008 at 6:19 p.m. (Suggest removal)

Sorry. This piece of trash deserves to be tried as an adult, and repeatedly butt-plugged in prison until he is at least 35.

Lots of 14-year-old boys are very stupid and immature. Lots of them are also very homophobic. But VERY FEW actually go to the extent that this homophobic coward did: blow another CHILD'S brains. This isn't only about bringing justice to Lawrence King and his family; it's also about keeping an obvious danger away from society.

The people of CA have spoken when they passed that proposition, whether you like it or not. There are juveniles who just don't deserve the privileges/protections of the juvenile court system. If a juvenile committted the OKlahoma city bombings, would you still say "oh, he's only a child - put him in kiddie court!"?

BM deserves to rot in prison for a long time.

Posted by meatballperson on June 30, 2008 at 6:27 p.m. (Suggest removal)

Another thing: only a very big coward who is too insecure about his own sexuality (probably a closet homo) would feel the need to blow another gay boy's brains. It's unfortunate that this coward was raised by uneducated redneck parents who were still living in the 18th century and didn't teach him right...causing him to destroy the lives of lawrence king, himself, and many others in the process.

Posted by ironwoman on June 30, 2008 at 6:39 p.m. (Suggest removal)

Veracious1posted:

It is so sad to me the number of cold-hearted citizens of Ventura County who simply don't have much regard for childrens lives in general. How could Brandon do this, people ask? They just need to look in the mirror and listen to their hateful words. It's so ugly.

Posters are ugly because they want justice yet you defend a murderer.

Go figure.

Posted by Kasbah on June 30, 2008 at 9:34 p.m. (Suggest removal)

Posted by LivinInPoorMansPV on June 30, 2008 at 3:45 p.m. (Suggest removal)

Kasbah
If you have followed any of the articles, Brandon did not do this all by himself. He is a straight boy that was being harrassed by a gay boy. NOT COOL! I would have beat the piss out of him. It is very unfortunate that Brandon resulted to such an extreme defense. He will have to pay for the rest of his life, and probably be harrassed by more gays in the prison system. I am also sorry that Larry's insecurities were so bad that he had to play out his actions on those innocent people around him. The rainbow coalition, needs to make people confident about there own feelings, not turn them into self centered bullies and feel they deserve SPECIAL ATTENTION and ACCOMODATIONS (not following school rules etc)!

How old are you?
Brandon didn't do this all by himself? I thought I read all the articles, guess I missed the one where they named the accomplice that helped pull the trigger.

You sure do make a quite a bit of excuses for what Brandon did with all the blame you place on Larry. Go figure a kid who is gay, finding his way in this world - now i am going to quote you here... "I am also sorry that Larry's insecurities were so bad that he had to play out his actions on those innocent people around him. The rainbow coalition, needs to make people confident about there own feelings, not turn them into self centered bullies and feel they deserve SPECIAL ATTENTION and ACCOMODATIONS (not following school rules etc)!"

Are you serious? All the hateful words toward Larry just make me more fearful for what (I think) adults are capable of thinking regarding a teen, because he was gay. It seems that way to me. If Larry was not gay I think there would be a different view.

Posted by meatballperson on June 30, 2008 at 11:24 p.m. (Suggest removal)

Get your story straight. Larry wasn't "sexually harassing" anyone. Asking another child out on a valentine's date isn't "sexual harassment." Simply flirting isn't "sexual harassment." These things happen all the time in high school and junior high. If Brandon wasn't such a homophobic wussy boy who's too insecure about his sexuality, he would have simply said "thanks, but no thanks." That's the manly and civil thing to do.

EVEN IF Lawrence King was "sexually harassing" brandon (which he wasn't), that's hardly an excuse to blow his brains out.

Most of us know by the time we are 14 that you don't blow another's person's brains out simply because they're gay and/or they flirted you and/or they asked you out on a date. Truth is - Brandon McInerney is a dangerous, homophobic coward who doesn't deserve any of the protections of the juvenile court system. I'm thankful for Prop 21. Here's hoping he gets some butt action in prison so he knows what gay love is all about. :P

Only uneducated homophobes would try to find every little excuse to shift the blame onto the victim.

Posted by santabarbarasand on July 1, 2008 at 12:41 a.m. (Suggest removal)

Bravo meatballperson. People are letting his age cloud their ability to see the severity of his actions. If he was 20 and did it on a college campus, Voracious would be the front runner for serious conviction. He's 14, young but still a murderer, a cold blooded murderer. Supposedly he was a good student and appeared to be a decent guy. That is what makes it scary!

I agree that there needs to be better safety standards in the schools and that if he was being sexually harrassed that he should have said so and had it addressed. Yes, he showed great immaturity by allowing himself to take such a drastic step but there is no way he did not know how wrong it was on every moral level. He will pay, over and over again. Just because some of us feel that will provide some justice for his behavior does not make us cold hearted. It is a difference in opinion, are you gonna shoot us for it?

Posted by BeaHappi on July 1, 2008 at 9:40 a.m. (Suggest removal)

If someone is being sexually harrassed in the workplace they should tell their supervisor or human resources, not take the situation into their own hands and kill someone.

No matter what, Brandon deliberately planned to murder Larry King. He obviously has bigger issues than being liked by a another boy. Rage, anger, inability to process the correct way to handle situations...these are huge issues.

He knew what he was doing. He was 14 when it happened. Sometimes you don't get a do-over and if the law states that a 14-year old who commits murder shall be tried as an adult, then that's the way it should be.

I wonder how everyone would feel if Larry had been murdered by a 14-year old gangbanger. I seriously doubt that we'd see so much support for trying him as a juvenile.

Posted by ironwoman on July 1, 2008 at 6:04 p.m. (Suggest removal)

There's nothing to laugh about when a 14 year old kills another student.
Veracious1- the one with the simple mind is you. You obviously see simplicty when it comes to an innocent person being murdered. LOL...grow up.

Posted by AleaSamos on July 1, 2008 at 11:13 p.m. (Suggest removal)

Let's face it everyone: If this kid was black or hispanic, there would be no debate! He would be tried as an adult. This kid will kill again. It is best to lock him up for a long time. He has no conscience. At this time we have no other way of dealing with this type of sub-human, except to lock them up with others with no conscience.

Posted by Equitable_Enforcer on July 2, 2008 at 5:16 p.m. (Suggest removal)

All of you will be astounded IF the facts of the case are made public. I, for one, believe a fair trial would not be possible in juvenile court. What I want to see is the outrageous conduct by those who were supposed to protect Larry and Brandon surfaced for all the public to see. It was not a hate crime ... and there is a possibility that some of the "protectors" could face criminal charges.

Posted by xalonnax on July 2, 2008 at 10:23 p.m. (Suggest removal)

this case still shocks the s**t out of me. two lives ruined forever. =(

Posted by Kasbah on July 5, 2008 at 1:09 p.m. (Suggest removal)

Posted by Equitable_Enforcer on July 2, 2008 at 5:16 p.m. (Suggest removal)

All of you will be astounded IF the facts of the case are made public. I, for one, believe a fair trial would not be possible in juvenile court. What I want to see is the outrageous conduct by those who were supposed to protect Larry and Brandon surfaced for all the public to see. It was not a hate crime ... and there is a possibility that some of the "protectors" could face criminal charges.

DO TELL. I think you could enlighten us. Why not just state the facts, and if you are under direction to not discuss the facts, why mention that you do know these facts? And if this was not a hate crime, what was it?

Posted by melovetail on July 30, 2008 at 5:19 a.m. (Suggest removal)

Do adult crime pay an adult price-if it was so easy for Brandon to kil then who's to say he won't kill again(making of a serial killer-possible)
If the courts does give Larry justice...maybe the streets will



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