Mistrial clouds fate of teen accused in slaying of gay student

[alp227]

A judge declared a mistrial after jurors said they could not agree whether to convict Brandon McInerney, the middle school student who shot and killed a gay classmate during a morning computer lab.

Jurors deadlocked 7 to 5 in favor of voluntary manslaughter in the emotional two-month trial in the case of the stunning 2008 shooting inside an Oxnard classroom.

Defense attorney Scott Wippert said McInerney was disappointed by the mistrial because his fate was left hanging. Prosecutors probably won't announce until next month whether they will try the 17-year-old a second time, and whether he again will be tried as an adult.

McInerney sat stiffly and silently at the defense table as Ventura County Judge Charles Campbell declared a mistrial. His mother, Kendra McInerney, sobbed into her hands. The parents of victim Larry King, Greg and Dawn King, stormed from the courtroom with other relatives, even as the judge was still addressing the jurors.

full: http://latimesblogs.latimes.com/lanow/2011/09/mistrial-gay-student-slaying.html

[mitchtv]

1. this is a disgrace

charged with murder 1 and couldn't get manslaughter 1. The victim was blamed and the straits on the jury let this punk slide. Try him in SF. Typical justice for Gays

[bluestateguy]

2. I could have told you months ago this little shit would walk

He'll probably end up going to college and being your typical Alpha Male fraternity asshole.

[kenny blankenship]

3. It's OK to Slay if they're Gay.

Manslaughter? They wouldn't even convict the killer of manslaughter? He shot the other kid twice in the head! He told other students he was going to kill Larry King before he did it, and tried to recruit other students to help him carry it out. That's premeditated murder, I don't give a damn what anyone says.

[mitchtv]

4. institutional homophobia n/t

[dsc]

5. It took me awhile but I found a link with a more detailed account

http://www.lgbtqnation.com/2011/09/prosecutors-vow-to-retry-california-teen-accused-of-killing-gay-classmate/

Jurors on Thursday said they were deadlocked on a verdict, with seven favoring a voluntary-manslaughter conviction and five pushing for first- or second-degree murder. The jurors, who have not spoken to the media about the deliberations, told defense attorneys that they did not believe the killing amounted to a hate crime.

Prosecutors on Friday disagreed and said they continue to believe the killing was motivated by victim Larry King’s sexual preference. They also said they believe that McInerney was lying in wait to kill King, an allegation that automatically qualifies him to be tried as an adult, Ellison said.

http://latimesblogs.latimes.com/lanow/2011/09/prosecutors-vow-to-retry-teen-who-killed-gay-classmate.html

Jurors on Thursday said they were deadlocked on a verdict, with seven favoring a voluntary-manslaughter conviction and five pushing for first- or second-degree murder. The jurors, who have not spoken to the media about the deliberations, told defense attorneys that they did not believe the killing amounted to a hate crime.

end of quotes

Apparently the 5 who refused to convict of manslaughter were holding out for murder 1 or murder 2. As much as I hate the idea of doing this, I think the best case scenario would be a retrial, as an adult, for manslaughter without the hate crime. That would be a longer sentence than retrial as a juvenile.