Home › Breaking News
Accused school shooter's arraignment postponed until June
Download this story as a podcast!
STORY TOOLS 
More from Breaking NewsThe arraignment of 14-year-old Brandon McInerney, accused of fatally shooting an Oxnard schoolmate in the head, was postponed again Thursday and rescheduled for June.
Ventura County Superior Court Judge Kevin McGee granted the delay requested by McInerney's lawyer William "Willy" Quest.
Earlier, Quest said in an interview that he is working on a legal motion attacking the constitutionality of trying his client as an adult. The attorney said it will be a "very in-depth" legal issue pertaining to serious constitutional matters.
Quest wants time to prepare and submit his legal motion before his client is arraigned
McInerney made a brief court appearance Thursday. He remains in custody in Juvenile Hall.
He is accused of shooting Larry King, 15, in the head about 8:30 a.m. Feb. 12 in Room 42 of E.O. Green School in Oxnard, where students were working on English assignments. King, who sometimes wore lipstick, told friends he was gay.
Outside the courtroom, Quest declined to elaborate on his reasons for believing his constitutional challenge would be successful. Many states have similar laws allowing authorities to try juveniles as adults in cases involving allegations of serious felony crimes.
"I'll let the motion speak for itself," Quest said.
McGee set the arraignment for June 12.
Quest, who spoke to reporters after his client's court appearance, works at the county Public Defender's Office.
"The fact that we think that Brandon should be tried as a juvenile doesn't diminish the tragedy that happened on February 12," the attorney said. He also noted that his client turned 14 years old on Jan. 24 — "less than three weeks before February 12," he said — and that if his client had been 13 years old when the shooting occurred, by law he couldn't have been tried as adult.
Quest said he plans to provide more information, including that his client has no prior criminal record, to the district attorney's office so it can reconsider trying McInerney in juvenile court.
In an interview earlier Thursday, Senior Deputy District Attorney Maeve Fox said the district attorney is still prosecuting the case in adult court but that could change.
"As this case progresses, we are going to continue to keep our minds open about what the appropriate disposition is," said Fox.
"As an adult (defendant), there is such a wide range of discretion that we can exercise," she said. "As a juvenile, if we sent him back to juvenile court, basically, he is going to get out when he is 21. That's one of the factors we're looking at."
Fox said, theoretically, he can be locked up until his 25th birthday, but state juvenile detention facilities are so overcrowded that McInerney would be let out earlier.
Quest said: "We disagree with that (Fox's) contention."
Fox said prosecutors must decide what is an appropriate punishment and the taking of responsibility by McInerney for his actions.
"We don't know enough about him right now to necessarily make the decision that he belongs in juvenile court. The law gives us the authority to try him as an adult," Fox said. "Right now, as it stands today, he is being filed on as an adult."
Quest told reporters that his client has community support in his efforts to get his case transferred to juvenile court.
Quest said he is "very happy" that a host of gay- and lesbian-rights groups issued a statement last month calling for McInerney's case to be moved to the juvenile criminal justice system.
Quest also said an "amazing thing" is that 130 of McInerney's schoolmates have signed a petition asking the district attorney to transfer the case to juvenile court. Quest said half of the faculty at E.O. Green School also signed a similar petition.
Quest said school officials should be held accountable because "there was an environment that was allowed to fester, so to speak." The school district has called such allegations untrue.
"It is possible that people were aware of it, complained about it, and the door was shut," Quest said. "The information that we have is that this possibly could have been stopped."
Also on Thursday, the judge ordered that McInerney be allowed to get a haircut and get visitations from his 5-year-old brother.
Quest explained that because McInerney is a juvenile, court orders are needed for the haircut and the visitations. He said a court order will also be needed so McInerney can get visits from another brother.
"He has another brother serving in Iraq (who) comes back this month, we hope," said Quest.
Posted by busymommy on May 8, 2008 at 11:50 a.m. (Suggest removal)
What a tragedy. I completly agree with the statement that if you commit and adult crime you need to be tried as an adult. I wonder if the school had known what was going on? Schools need to take any and all bullying seriously. It can not be brushed aside like before. Not saying the school did that.
I feel sorry for everyone involved. Not only did he kill another human being he traumatized a whole classroom of kids. I can not imagine what they are going through having had witnessed this.
Posted by Shipfaced on May 8, 2008 at 11:51 a.m. (Suggest removal)
Thats right....keep draggin' it out.
Everyone knows that Brandon is guilty !
Posted by busymommy on May 8, 2008 at 12:18 p.m. (Suggest removal)
Why do judges let attorneys drag out proceedings? He shot him!!! I think they need to stop letting trials go on forever.
Posted by ThinkAboutIt on May 8, 2008 at 12:40 p.m. (Suggest removal)
Shipfaced. . . I don't think it's a matter of if he's guilty or not, but more so if he can legally be tried as an adult versus a juvenile. They are 2 totally different systems and can make a huge impact in the court and case. Let's see how it goes.
Posted by TheVeracious1 on May 8, 2008 at 12:48 p.m. (Suggest removal)
The DA doesn't even know enough about Brandon to determine if McInerney should be tried as a juvenile and I can guarantee they don't care to know either. They are going to try like hell to have this go through Adult court.
The DA forgets that it is their duty and obligation to make decisions based on what is ethically, morally and legally correct. Of course the law provides the option to try Brandon as an adult, so that's just what the DA went with.
They are not fufilling their profession responsibilities and obligations when they have shown a consistent disregard for the ethical and moral correctness of their decisions. This is just another example of their ruthless tactics.
Totten is a commissioner for the California Comission for the Fair Administration of Justice http://www.ccfaj.org. To say that commission is made up of an interesting group of characters is an understatement. Interesting stuff and Totten has an interesting record of dessent.
Here they go AGAIN trying to be judge and jury. Think the DA may need a friendly reminder that they do not control the court room and they do NOT detemine the sentences given to defendents.
Just wait, as soon as Judge McGee does anything the DA disagrees with, they'll attempt to have him removed from the case!
Posted by LivinInPoorMansPV on May 8, 2008 at 12:49 p.m. (Suggest removal)
if you commit an adult crime you need to be tried as an adult...
oh so murder is an adult crime? that makes no sense.
I am sure they are trying to get all the facts straight etc. Brandon was defending himself, and the school kept letting this diseased individual harass students. Larry was the elder (didn't even belong in MS), HE SHOULD HAVE KNOWN BETTER. He got off easy.
I hope the school pays big for there incompetence and discrimination. All admin/teachers at EO Green & other involved school officials should lose there jobs without pension etc!
This is bigger than some of you may realize.
Posted by rebel123 on May 8, 2008 at 12:56 p.m. (Suggest removal)
He isn't an adult. We now know that adolescent brains are not fully developed until as late as 22 years old and one of the last things to develop is the ability to fully connect actions with long term consequences. And before anybody jumps in and says "he knew what he was doing", that's exactly the point. Yeah, he knew he was going to shoot a classmate. However, that's very different from having the mental ability to actually think through the actions, consider what would happen to him if he did, consider the havoc and hell he was bringing on both families, and basically make organized and thoroughly processed decisions and think beyond the moment. Long range thinking is simply not there for kids that age. It isn't about his guilt. It is about our society treating children like adults when it serves our need for visceral "justice" (read: vengence).
Posted by rebel123 on May 8, 2008 at 1 p.m. (Suggest removal)
LivinInPoorMansPV: are you really calling Larry a diseased individual? He wasn't harassing anybody and was the subject of plenty of harassment himself. Your attitude reeks of bigotry. Tell me again exactly how Brandon needed to defend himself with a gun against a gay boy? Me thinks your own mental development was arrested at an early stage.
Posted by rebel123 on May 8, 2008 at 1:02 p.m. (Suggest removal)
Man, just can't let this one go. Larry got off easy? You are one sick puppy. I'd suggest removal of your post but I'd like everyone to see exactly how sick you really are so when they see your name again, the can discount your statements.
Posted by uknowwho on May 8, 2008 at 1:12 p.m. (Suggest removal)
Livininpoormanpv: my perspective of defending myself would obviously not be to go up to someone and shooting them in the head so they can get it easy......As far as Larry, he wasn't diseased, he was DECEASED.
Posted by LivinInPoorMansPV on May 8, 2008 at 1:18 p.m. (Suggest removal)
Uh yah Rebel LARRY harassed Brandon on a daily basis...read the original article. Larry was the bully, not Brandon. Brandon was there for an education, Larry was there for....? I am far from a biggot, very far! Larry was diseased by thinking he could get away with violating school rules, he used his "influence" to disregard everyone else's feelings around him. Honestly how cruel can someone be!? If it were a straight male saying and doing the things Larry did to a straight female, he would have been EXPELLED! I wonder if he was expelled from the school he attended to prior to EO...his last resort. I am just going by the facts listed in the article.
and my comments are not:
off topic, defamatory, obscene, abusive, threatening or an invasion of privacy
so get off of your high horse there Rebel.
Reality sucks sometimes huh?
Posted by FRANK_N_BEANS on May 8, 2008 at 1:21 p.m. (Suggest removal)
I don't think this individual should be tried as a juvenile. It clearly states by law that they can try him as an adult...so stop wasting our tax paying dollars and get this over with. He chose to make that decision and now he should suffer the consequences. And none of this getting out @ 21 B.S...send him away for a long, long, long time. I have no sympathy for the suspect...only for the victim. The victims family are the ones that have been suffering the most here.
Posted by shaver_one on May 8, 2008 at 1:27 p.m. (Suggest removal)
1. 'Willy' Quest has already stated that he is planning on blaming the Oxnard School District, and EO Green School for McInerney's willful murder of King. Way to go, Willy.
2. The State of California gives the DA the option of trying McInerney as an adult. That is the law.
The judge can determine what type of punishment McInerney gets, once convicted. That is also the law.
The judge could decide to sentence him as a juvenile. But, to try him as a juvenile restricts the judge in sentencing. I, for one, believe 10 years in CYA, for planned and premeditated murder, is not enough.
Posted by slkrchck on May 8, 2008 at 1:54 p.m. (Suggest removal)
LivinInPoorMansPV ,,,,,,,,i wouldn't say larry got off easy, but i do know that he pursued brandon for a long time. he didn't deserve to die. but those who are in the situation know that brandon told larry to back off numerous times. brandon didn't do this in secret nor did he try. he knew full well that his name would be known and he would be caught. this is just how disturbed and desparate he was. he didn't wait to do it in the back alleys after dark.
if larry had been doing this to a girl she would have been tried as well. but she wouldn't be charged with a hate crime. she may even actually be understood.
brandon didn't kill larry because he hated gay people. he didn't kill the rest of the gay kids at green. he killed larry because he was shamed and harassed and angry. larry wouldn't leave him alone like he was told to. not an excuse, but certainly not a hate crime.
Posted by slkrchck on May 8, 2008 at 1:54 p.m. (Suggest removal)
LivinInPoorMansPV ,,,,,,,,i wouldn't say larry got off easy, but i do know that he pursued brandon for a long time. he didn't deserve to die. but those who are in the situation know that brandon told larry to back off numerous times. brandon didn't do this in secret nor did he try. he knew full well that his name would be known and he would be caught. this is just how disturbed and desparate he was. he didn't wait to do it in the back alleys after dark.
if larry had been doing this to a girl she would have been tried as well. but she wouldn't be charged with a hate crime. she may even actually be understood.
brandon didn't kill larry because he hated gay people. he didn't kill the rest of the gay kids at green. he killed larry because he was shamed and harassed and angry. larry wouldn't leave him alone like he was told to. not an excuse, but certainly not a hate crime.
Posted by 805grl on May 8, 2008 at 1:59 p.m. (Suggest removal)
At 14 my immature brain knew murder meant death-gone forever! Murder meant the end to my freedom and possibly my life...what 14 year old doesnt understand that?? Ask one, and see what they tell you. This brain development issue is crap!! Thats all they have to defend the little punk. He planned it-sounds like a lot of thought there, he took the weapon to school and he shot the kid...try him and get on with his sentence.
Posted by mco on May 8, 2008 at 2:02 p.m. (Suggest removal)
It is really sad that some people think he is an adult. If 14 year olds are adults, then why are they not considered adults until they are 18, for legal issues like drinking, driving, (yes I know they can drive at 16, with provisions), join the armed forces, sign contracts, etc. But let one of them do something wrong, and all of a sudden he is an adult, and should be held to the same standards as an adult. Not only is this hypocritical, but in itself should be a crime. The real issue here is, that the law needs to be changed so that juvenile crimes are not sealed, with the "punishment" (that should ONLY be for rehabilitation) terminated at 21 years of age. This type of crime should not ever have a termination date assigned to the sentence, but should be evaluated on a scheduled time span to see the progress and to determine if the person is still a threat to society. In reality, I think Brandon is much less likely to aquire a firearm and shoot another person, than is a person who has driven intoxicated, caused bodily harm, or death, spent time in jail or prison and been released, and will drive intoxicated and injur or kill again. (Diane Mannes anyone?)
Posted by nunyabiznus on May 8, 2008 at 2:29 p.m. (Suggest removal)
RIGHT ON!, 805GIRL...MCO, ARE U KIDDING ME, HELLO, HE DIDNT JUST DO SOMETHING WRONG, HE KILLED SOMEONE, TAKE HIM AWAY FOREVER, OR LET HIM OUT AT 21 & HE CAN COME LIVE WITH YOU.
Posted by rebel123 on May 8, 2008 at 2:38 p.m. (Suggest removal)
LivinInPoorMansPV: you have an incredible lack of honest insight in suggesting your comments that "Larry got off easy" and calling a dead child "diseased" are not disparaging. At best they are in extremely bad taste. How exactly was Larry diseased again? Because he was openly gay? But you're not a bigot and I'm on a high horse?
Posted by flmrmom on May 8, 2008 at 2:50 p.m. (Suggest removal)
To slkrchck & livininpoormanspv...NOTHING that Larry did can justify being shot in the head. He too was teased and harassed but yet he didn't take a gun to school and shoot anyone. I know Brandon is not an adult but that does not excuse him from facing the consequences of what he did. He made the decision when he woke up that morning to pack that gun, then he made the decision to pull it out and shoot Larry in cold blood! Tell me how him being pursued by Larry justifies that? He is obviously an individual who thinks violence is the only way to deal w/ situations he doesn't like. What will happen when he gets out at 21 and can't cope w/ the outside world? He's going to think it's ok to kill someone else because all he got the first time is a slap on the hand. As a mom, it breaks my heart everytime I think of Larry, he did not deserve this.
Posted by SummerSun on May 8, 2008 at 2:53 p.m. (Suggest removal)
No matter what, 2 lives and 2 families are heartbroken forever. I agree at 14, I certainly knew right from wrong, and definintely knew if I didn't like someone, I certainly wouldn't even think of taking a life.
Society lets children grow like weeds, they need nuturing like a beautiful garden. The whole thing is so sad.
Posted by hotwildflower on May 8, 2008 at 3:02 p.m. (Suggest removal)
mco, I am in complete agreement with you and yes...I know of that woman all too well....she inspired me to NEVER even take a sip and drink...one sick woman!
Posted by hotwildflower on May 8, 2008 at 3:05 p.m. (Suggest removal)
sip and drive..hahaa...
Posted by br on May 8, 2008 at 3:17 p.m. (Suggest removal)
This case is #$%&! Fire the school staff. If these Reps can not fix these funny boy problems then consider the Constitution/American Independent Party.
BR
Los Angeles
Posted by watts_gonon on May 8, 2008 at 3:25 p.m. (Suggest removal)
Based on some of these comments, we should now make it legal for 14 year olds:
To vote, join the military, buy and drink alcohol, drive, get married, work and pay taxes, sign legal papers, determine their own 5, 10 15, 20 year life plans so that they have set goals to accomplish.
14 year olds should be allowed to join school boards and be allowed to serve in a jury.
Posted by lilmamma on May 8, 2008 at 3:42 p.m. (Suggest removal)
What exactly are funny boy problems?? He should stay in juvenile court and get out at 30 instead of 21 that way he gets all the counseling that he needs and he spends a few years in adult prison as a way to punish him for taking a life. I'm tired of hearing about Larry King's sexuality first and foremost we are human beings. We do not walk around this world saying hello Im gay Im straight ect. Lets stop the labeling and get to the real issue a child murdered a child at a school in front of other students.
Posted by pleasantville on May 8, 2008 at 3:47 p.m. (Suggest removal)
LivinInPoorMansPV, You say that "I am far from a biggot, very far!" after re reading your post i tend to believe you my friend know first hand at not crossing the line,thus you yourself might be considered a rebel!...
Posted by juniormafia_ny on May 8, 2008 at 3:53 p.m. (Suggest removal)
slkrchck, I too heard the same thing... not from reading the paper, but from a cousin that attends EO Green. Larry was very openly and publicly harrassing Brandon, it doesn't justify getting killed. Someone with authority should have stepped in and put a stop to the harrassment. I won't say that Larry brought it upon himself, but everyone reaches a boiling point and some people, such as a JUVENILE, cannot think of other solutions. Maybe this harrassment was so public that he figured nobody would help him out if they haven't by that point, so he must take action upon himself. He made a very stupid JUVENILE decision, because that is what he is... A JUVENILE! Condolences for both families, not just the victim of the shooting.
Posted by juniormafia_ny on May 8, 2008 at 3:55 p.m. (Suggest removal)
In addition, I don't believe it is a hate crime... he didn't kill Larry because he hated him because he was gay, He killed him because he was constantly being harrassed.
Posted by FRANK_N_BEANS on May 8, 2008 at 3:56 p.m.
(This thread was removed by the site staff.)
Posted by maryemapa on May 8, 2008 at 6:55 p.m. (Suggest removal)
I no longer live in the area, but have been following this story. If Brandon was being harassed, and had no idea how to appropriately express his anger about this (didn't his family have a restraining order against his mom?) and school officials knew something was going on (they had to have, unless their heads were buried in the sand), then this was a powder keg waiting to explode. For the school not to have had some awareness that this teasing (of Brandon) was going on - WHY was it okay? Because he was straight? Nobody knew he had a troubled home life???? Teachers get involved in kids bringing plastic knives to school these days; how could they not know there was something seriously wrong with one boy coming onto another?
Posted by AnnaWhaat on May 8, 2008 at 7:44 p.m. (Suggest removal)
slkrchck, I agree 100% !!!!!
juniormafia,Great Comment !
No one knows what went through Brandons mind. Was he thinking 24/7 about all the teasing at school he recieved because he was being hit on? Did he just have a mental breakdown and crack? He is a child. And should be tried as a Juevenile !!!!!
I am so Larry was killed, and yes someone should have stepped in and stopped his behavior ! I am appalled the teachers let this go on and on until Brandon just broke..........
Posted by VOR on May 8, 2008 at 7:45 p.m. (Suggest removal)
Now isn't that special, Brandon gets to make a play date with his 5 year old brother. Larry's brother will never get the chance to do that again, ever.
I would like to know if Larry was tried as a jevenile or and an adult before his sentence was handed down!
This really stinks, I just hope the DA has the gonads to follow this through the way it should be and try him as an adult. They should put that kid away for a long long time.
Posted by TiquisiaPrincess on May 8, 2008 at 10:20 p.m. (Suggest removal)
You know I've read all these comments and I have to say, a lot of them are appalling. I try to keep away from making comments but sometimes, it's just necessary. I didn't know either boy, yet, I cannot believe some people feel the need to place blame on the one that had his life taken. How is it possible that any of you are making an excuse for McInery. He made a decision, he took action, and now he needs to pay the consequences for his actions.
Being teased or bullied (if that was truly the case) doesn't give anyone the right to kill someone. How does any type of peer pressure, or stress from junior high permit, that a 14 year have the right to act out with a gun.
Let's be real here. Young king was MURDERED his being gay or not gay is just another excuse many use to hide the reality of MURDER.
I'm not yet sure, if I agree with trying this young man as an adult, however, I do agree that if he had the guts and black heart to pull the trigger, then he should have had the guts to confront the school officials and say, that King was bothering him. The fact is, that at 14 he DID NOT make an adult decision, because MURDER is not about being an adult, it's about stealing a life and destroying a family. MURDER is not biased.
I wonder, what, if anything was happening in this young man's life, that caused him to think that killing King would solve his peer pressure problems?
Either way, a horrendous crime was committed. Young or Old...he still committed murder, and that...is also a tragedy for his family. But at least, his mother will be able to visit him on his birthday, mothers day and holidays. She will still hear his voice over the telephone or on a monthly visit. King's mother, won't ever have that opportunity again. Because her son was stolen from her.
Posted by TheVeracious1 on May 8, 2008 at 10:41 p.m. (Suggest removal)
Who do you think backed Prop 21 anyway? This brainwashing campaign proved to the big oil companies and Nevada casinos that 64 percent of California voters are complete idiots. "Hey, if they'll buy into Prop 21, there is no limit to what we can charge 'em at the gas pump!!"
Prop 21 came to the California voters courtesy of CHEVRON, UNOCAL, PACIFIC GAS AND ELECTRIC, and some Nevada GAMBLING CASINOS who have ALL either admitted to an "uninterested position" or have completely refused to comment on Prop 21.
Prop 21 LACKED the support of most all respectable and responsible authority in the adult and juvenile judicial systems. It even had mixed support from CA sheriffs.
So Pete Wilson, got busy with some "POLITICAL FAVOR SWAPPING" knowing who would be GREEDY, SLEAZY, AND WILLING to finance this brainwashing campaign. Pete who was "coincidently", just starting his run for the Republican nomination to be president.
Prop 21 was developed and written WITHOUT the input of probation officers, judges, school authorities, youth service agencies, community groups and others that actually deal with the problems of children and violence everyday.
WHY does the California Judges Association, the associations of Probation Officers and Public Defenders ALL feel Prop 21 is wrong? Because it IS wrong.
I've got some oceanfront property in Arizona for sale.
Posted by VOR on May 8, 2008 at 11:32 p.m. (Suggest removal)
Proposition 21 is a good law. It allows the judge to assign the sentence. It does not tie his/her hands and allows the sentence to fit the crime. If tried as a juvenile then there is a limit to the sentence which may not fit the crime. Also since it is a juvenile crime the records are sealed. I would sure like to know when I do a police check on someone I am going to hire if they just happen to murder someone when they were younger.
Have faith in the judge. The judge will decide the sentence after the jury returns the verdict. This is not a death penalty case, although it is heinous enough where it should be. Tried as an adult only allows the judges to do their job properly and decide the penalty. It doesn't mean life by default, but it sure should be more then the 10 years maximum that a juvenile conviction would incur.
Posted by VOR on May 8, 2008 at 11:32 p.m. (Suggest removal)
Proposition 21 is a good law. It allows the judge to assign the sentence. It does not tie his/her hands and allows the sentence to fit the crime. If tried as a juvenile then there is a limit to the sentence which may not fit the crime. Also since it is a juvenile crime the records are sealed. I would sure like to know when I do a police check on someone I am going to hire if they just happen to murder someone when they were younger.
Have faith in the judge. The judge will decide the sentence after the jury returns the verdict. This is not a death penalty case, although it is heinous enough where it should be. Tried as an adult only allows the judges to do their job properly and decide the penalty. It doesn't mean life by default, but it sure should be more then the 10 years maximum that a juvenile conviction would incur.
Posted by Think on May 8, 2008 at 11:36 p.m. (Suggest removal)
The guy Brandon got beat up a few days before by the young openly gay guy. Goes home to face who knows who as well as his friends. Young man reacts thinking, hey i am defending my manhood. Not to mention thats the thing nowadays kill em if they disrespect you. Rightttt! My facts could be off they are coming from a school kid as well as a worker that had contact with Larry.However this does not excuse the fact that it was a horrendous murder. No! Everyone is stuck on the age. Or the number that is supposed to represent what? Hey those numbers represent one thing, how much time u have been here. Thats it thats all. It is scientifically proven that the human body grows. But when does a mind mature? Everyone knows adults that are not adults. The world is full of them. When they commit a childlike crime they are punish according to the number unless they are considered mentally disabled. So why should this kid be charged as an adult. It obviously does not take an adult to pull the trigger. I am not even going to speak on E.O. Greens faculty they are a @#$%*& up bunch. They do kids with problems bad over there.
Posted by Face on May 9, 2008 at 1:22 a.m. (Suggest removal)
I think a clearer picture is starting to develop? What we have here is an older boy who dressed as a woman and was making public advances on the accused in front of his peers? Now I am hearing the perpetrator might have been victimized by the victim? This is not a hate crime, but some kind of revenge or honor-keeping killing. The school district had a dress code, dress codes have been held up as Constitutional all over the country. I cannot find one instance where a school dress code was invalidated for Constitutional reasons. And this is after the best judges and appellate courts have done their duty. (E.O. Green's dress code, which spells out requirements like navy pants and no steel-toed shoes, excludes "any clothing or hairstyle that distracts other students."). First, the Superintendent says, "the school did not allow the dress code to be violated." Really??? Then goes on to say, "schools have to abide by laws that state children don't leave their constitutional rights outside of school." And what laws are these that the Superintendent is talking about Exactly?? Two things this school did not do: 1. Enforce their OWN dress policy 2. Allowed a student to enter the campus with a handgun. The Superintendent tries to say that the dress code was never violated, but that flies in the face of the actual code. Well I say, if the code was not violated, why do we need the statement about making sure kids do not leave their "Constitutional" rights at the door?? What this indicates to me is that the district/Superintendent made a willful decision based on their own interpretation of "Constitutional Rights" to allow a particular student (not all mind you) to violate their own mandated codes and policies. This willful decision to abandon their own code seems to have to some degree attributed to the situation, and they are therefor culpable. My Post is not about trivializing the crime that has occurred or to discuss the ins and outs of any lifestyle, or to the damage to the local community. But I believe the Superintendent should step down immediately and that the district should be held accountable for its willful disregard of its own codes that could have possibly prevented this from ever happening. I have also heard that the victim would chase down boys at school, I am hard pressed to believe that nobody saw this. A crime was committed yes, a juvenile crime by the sounds of it. The perpetrator is guilty of a horrendous crime, but the circumstances must be looked at to see if this was a juvenile brain response vs. an adult's. If the perpetrator had simply killed the victim because he was wearing a dress, or a blue handkerchief, or for money.. that would certainly be an adult crime. This is something more complicated and the courts have to make a decision based on the circumstances.
Posted by AnnaWhaat on May 9, 2008 at 6:31 a.m. (Suggest removal)
VOR .Juevenile records are not sealed.They are not open to the public. But they go through a process to seal them. And you can not be on probation of any type if you want to pay to have them sealed in which at that time ONLY a Judge can have them opened.
Think,Good Comment. We do NOT know the mentality of his brain. Could he have had a mental breakdown? Its very possible. Why else he do this in plain site where everyone could see who did this terrible thing. Even kids at his school have a petition to try him as a Juevenile. I suspect many will testify as to his being teased day in and day out. Its like Post Pardom depression . People do things because they are not in the right mental compacity..........
Face ,Very well said.Couldn't have said it better. Great Comment.
People Stop..........and know that no one is blaming Larry ! He didn't deserve to die. BUT he should have been stopped from wearing high heels and blue eye shadow and asking another guy to the prom in order to embarrass him knowing Brandon was NOT gay.......... Its a shame no one stopped this before the unimaginable happened.
Posted by flmrmom on May 9, 2008 at 7:25 a.m. (Suggest removal)
This is why kids do these kinds of things, Brandon MURDERED Larry and here are all these adults saying that he's just a kid and shouldn't be held responsible for what he did. I'm amazed that many on here are making excuses and trying to justify Larry being murdered because the way he dressed and because he teased Brandon. How about teaching kids some coping skills, or how about some responsible parenting?? Or should we just start handing out guns to our Middle School kids and say "here, go take care of your problems"!
Posted by TheVeracious1 on May 9, 2008 at 8:30 a.m. (Suggest removal)
Who do you think backed Prop 21 anyway? This brainwashing campaign proved to the big oil companies and Nevada casinos that 64 percent of California voters are complete idiots. "Hey, if they'll buy into Prop 21, there is no limit to what we can charge 'em at the gas pump!!"
Prop 21 came to the California voters courtesy of CHEVRON, UNOCAL, PACIFIC GAS AND ELECTRIC, and some Nevada GAMBLING CASINOS who have ALL either admitted to an "uninterested position" or have completely refused to comment on Prop 21.
Prop 21 LACKED the support of most all respectable and responsible authority in the adult and juvenile judicial systems. It even had mixed support from CA sheriffs.
So Pete Wilson, got busy with some "POLITICAL FAVOR SWAPPING" knowing who would be GREEDY, SLEAZY, AND WILLING to finance this brainwashing campaign. Pete who was "coincidently", just starting his run for the Republican nomination to be president.
Prop 21 was developed and written WITHOUT the input of probation officers, judges, school authorities, youth service agencies, community groups and others that actually deal with the problems of children and violence everyday.
WHY does the California Judges Association, the associations of Probation Officers and Public Defenders ALL feel Prop 21 is wrong? Because it IS wrong.
I've got some oceanfront property in Arizona for sale.
Posted by Face on May 9, 2008 at 12:22 p.m. (Suggest removal)
flmrmom, I have revisited all comments on all articles relating to this tragedy and I cannot find one that, and I quote you here, "here are all these adults saying that he's just a kid and shouldn't be held responsible for what he did." Nobody has said that and I am trying to figure out why you would say that. The only thing being discussed is whether or not the perpetrator should be tried as an adult or as a juvenile. There is no free pass. Nobody is trying to justify the murder, explain it maybe, but not justify. Then you go on to say that because kids might read our discussion is why these types of murders happen and suggest we should give guns to kids and let them have at it. Frankly, your type of comments based on emotion and not reality are the types of comments that damage kids brains. I know it gave me a headache. Stick to the facts, firing off ignorant and unfounded remarks are part of the problem, not the solution.
Posted by TheVeracious1 on May 9, 2008 at 1:24 p.m. (Suggest removal)
mmshoot -
Before Prop. 21, the DA had to ask juvenile court judges to send a case to adult court. Prop 21 gave that authority to the DA.
Prop 21 reduced the age children can be sent to adult court.
Prop 21 took legal authority away from the judges and gave it to prosecutors, who now have the authority to decide when to send juveniles age 14 to 17 accused of felonies directly to adult court. This deprives judges of their legal authority to choose an appropriate sentences for a juvenile.
I feel Prop 21 is a separation of powers issue.
Judges, NOT self-interested prosecutors, should decide whether youths should be tried as adults.
Posted by TheVeracious1 on May 9, 2008 at 6:42 p.m. (Suggest removal)
mmshoot -
Prop 21 is the very reason why we are even having the debate on whether he should dealt with through the adult or juvenile judicial system.
Prior to Prop 21, sending 14-year olds to adult court was not an option.
What people fail to realize is that Brandon will be released someday. Do we want him released after spending 11 years (age 25) with people trying to be a positive influence, while having him in treatment with aggressive rehab and preparation? Or do we want him released after letting him rot in "crime school" for what averages out to be about seven years in California? The only influence he will have is from hardened criminals.
Brandon will be released one day. The recidivism rate for those released from adult prisons is ridiculously higher than those released from juvenile facilities.
If people want kids in adult prisons, fine. But don't complain when the crime rate goes up.
Posted by VOR on May 10, 2008 at 10:42 a.m. (Suggest removal)
mmshoot, no one is putting kids in adult prisons. They are held in the same place that kids are held until he is no longer a kid, then moved into the normal prison system. Trying as an adult just removes the mandatory release age of 21 or 25 whatever it is.
Also remember that Proposition 21 only comes into effect if the crime fits one or more of the prerequisites such as murder, murder with a gun etc...It does not put kids into adult court unless the crime is very serious. The judge can then decide the sentence. I am not sure what the minimum would be but I am sure it would be longer then the maximum if he was tried at a juvenile, which is only right in this case.
The judge being allowed to determine the sentence was what allowed this propostition to pass supreme court appeals if I am not mistaken.
What of the 12 year old back east that got 30 years for murdering his grandparents. That went all the way to the supreme court and was upheld. So this should pass muster as well.
Posted by TheVeracious1 on May 10, 2008 at 6:13 p.m. (Suggest removal)
mmshoot -
Oh, did I forgot to thank you! I'm really starting to feel like we're working as a team! Your response was a brilliant demonstration that explains, better than I ever could, just how misled and misinformed those supporting adult court for Brandon really are. Thank you again!
Just to recap. . .
McInerney's attorney stated he "is working on a legal motion attacking the constitutionality of trying his client as an adult. The attorney said it will be a "very in-depth" legal issue pertaining to serious constitutional matters."
Let me break it down for ya . . . Brandon's attorney IS actually referring to the constitutionality of the laws that were put into place by the passing of PROPOSITION 21! Oh say it ain't so!
Is it safe to assume that you, along with a whole bunch of other uninformed Californian's voted for Prop 21 without even understanding the what you were voting for?
Anyway, it's disturbing, yet not surprising, to see the number of Fear Fanatics who I'm sure voted for Prop 21 as well, act as if they are in some kind of hypnotic trance chanting "adult crime - adult time". I don't know if it’s just a Stepfordian thing or more of a cult-like brainwashing that people have fallen victim to. Either way, it's to everyones benefit to understand the significance of the bigger issues and opportunities being addressed here.
(Requires free registration.)
Article discussions on this site are to support community debates of issues related to our stories and editorials.
Discussions should not stray from the subject of the story or editorial.
We do not allow the following:
We reserve the right to delete threads and/or ban users for these or other reasons we deem necessary.
Opinions are the sole responsibility of the person posting them. You agree not to post comments that are off topic, defamatory, obscene, abusive, threatening or an invasion of privacy. Violators may be banned. Click here for our full user agreement.