Brandon McInerney accepts plea deal in murder trial; will get 21 years

Nov 21, 2011 | Posted by: Rick in Kansas | Full story: www.vcstar.com

Nearly four years after Brandon McInerney fatally shot Larry King in an Oxnard schoolroom, a plea deal was reached today in which McInerney will serve 21 years in a mix of youth facilities and prison.

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“WOOF !”

Since: Jul 11

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#21
Nov 22, 2011
 

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heartandmind wrote:
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in the cnn article, it indicates that he was brought into adult court with different charges. he pled out on those charges.
This was a premeditated murder. Everybody knows this. This was not a spur of the moment killing in the heat of passion. This was well thought-out. He should have been charged with first degree murder, tried, convicted, and sentenced to life in prison with no parole. Anything less than that is an injustice.

I have followed this case carefully since I first heard about it, which was about 90 minutes after the murder of Lawrence King.
heartandmind

Moline, IL

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#22
Nov 22, 2011
 
Jerald wrote:
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I never said that he didn't know it was "a good idea" to kill a person or that he didn't know it was wrong, or that he shouldn't suffer punishment.
Based on the totality of the evidence, I just feel that the prosecutor's decision to direct file the case on the defendant as an adult was incorrect (no hearing was held), and the jury's difficulty reaching a verdict appears to support that assessment.
in the cnn report, indeed, brandon did stand trial in juvenile court. the jury was "hung" so to speak, so the DA changed the charges and brought it before the "adult" courts. brandon, now 17, decided to plea out instead of a trial.

“What Goes Around, Comes Around”

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Kansas City, MO.

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#23
Nov 22, 2011
 
RevBawneyFwankfooter wrote:
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GOBBLE GOBBLE GOBBLE!!!
Turkey boy is back! ROTFL@U

“Post-religious”

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#24
Nov 22, 2011
 

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heartandmind wrote:
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in the cnn report, indeed, brandon did stand trial in juvenile court. the jury was "hung" so to speak, so the DA changed the charges and brought it before the "adult" courts. brandon, now 17, decided to plea out instead of a trial.
If CNN reported that, they are wrong. McInerney was tried in criminal (adult) court, as the linked article above correctly notes.

Juvenile "trials" aren't open to the press and public in California. They are known as "adjudicatory hearings" and prior to the passage of Proposition 21 in 2000, prosecutors needed to go through a judge in a "transfer of waiver" hearing to prove that it would be appropriate to move a particular juvenile into the criminal (or adult) court. Since the passage of that proposition, prosecutors have the discretion to file directly against a juvenile in criminal court without going through a waiver hearing.

The evidence in at least one study suggests that the rate of direct-filings vary widely by county and that Ventura County -- the county that prosecuted Brandon McInerney -- is 5 times more likely to direct-file, has shown worse juvenile crime trends than in other counties, and targets disproportionately younger offenders than other counties.
http://www.cjcj.org/files/What_has_been_the_e...

“Post-religious”

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#25
Nov 22, 2011
 
nhjeff wrote:
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It also said he is not eligible for credit for good behavior. It sounds like he'll do the entire 21 years, no matter what.
Where does it say that? He won't get credit for time served awaiting and during trial, but all prisoners in the state system who are eligible for parole are eligible for behavior credits. This isn't the federal system.
heartandmind

Moline, IL

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#26
Nov 22, 2011
 
http://www.cnn.com/2011/11/21/justice/califor...
Months after a jury couldn't decide his fate, a Southern California teen has agreed to plead guilty for gunning down a gay classmate three years ago in their junior high classroom.

In September, a judge declared a mistrial in the case of Brandon McInerney, now 17, after jurors said they were hopelessly deadlocked following a nine-week trial on whether he should be found guilty of manslaughter or murder. The next month, the Ventura County District Attorney's Office announced that McInerney would be retried on first-degree murder charges as an adult. McInerney also was tried as an adult in the first trial.

The district attorney's office said Monday that, since then, it had "carefully reviewed the jury's determination" and talked with some jurors. It also engaged in talks with the victim's family, McInerney and his attorneys after which the relevant parties "agreed upon a disposition that balances the unique facts of the case with the need to protect the public."

Specifically, McInerney pleaded guilty to killing Lawrence King "under the penal code sections for both murder and voluntary manslaughter," as well as to using a firearm in that crime. He will serve 11 years for manslaughter and 10 years for the use of a firearm, according to the district attorney's office. His formal sentencing is set for December 19.

"He will serve the entire 21 years without time off for good behavior and will not receive time off his sentence for the three years and nine months he has spent in juvenile hall before sentencing," the prosecutor's office said, concluding that he'd then serve nearly 25 years total.

Had he been convicted on all the new charges , McInerney would have faced a maximum sentence of 50 years to life in prison.

His defense attorney, Scott Wippert, told CNN affiliate KABC he thought the sentence was "appropriate ... given all of the circumstances and all the evidence that came out at trial."

"Obviously, we've always been of the opinion that he should have been tried as a juvenile," Wippert said. "But that aside, given that he's in adult court, I think that this sentence reflects the sentiments of the jury."

McInerney was 14 when he brought a handgun belonging to relatives to E.O. Green Junior High School in Oxnard, prosecutors said.

He shot the 15-year-old King twice at point-blank range in the back of the head, while both were typing papers in a computer lab for their English class along with two dozen students and their teacher, authorities said.

Friends said King, an eighth grader who lived in a group home called Casa Pacifica, was proud of being openly gay. He liked wearing jewelry and makeup to school and he often wore high-heeled boots with the school uniform. He asked his teachers to call him Leticia instead of Larry. Some students bullied him, pupils said.

Other students said McInerney was also subject to some harassment because King had a crush on him and made it publicly known.

The Ventura County district attorney's office on Monday acknowledged criticism about its decision to try McInerney as an adult. The office stood by its decision, saying the options "available in the juvenile system were inadequate."

"This (plea agreement) is based upon the unique facts and circumstances of this case, and we believe it is a just result that balances the age and maturity level of the defendant with public safety and the gravity of the crime," the office said.

The victim's father, Greg King, described the plea agreement as "bittersweet," saying he didn't think the sentence equated to the crime but understood the thinking behind the deal.

"I think they should have taken another shot at it, but I understand why they didn't," he told CNN affiliate KCAL. "But we've been going this for ... years and at least there's some closure coming up."
heartandmind

Moline, IL

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#27
Nov 22, 2011
 
California teen admits killing gay student, to serve 25 years
CNN Wire Staff
10:25 PM EST, Mon November 21, 2011

Months after a jury couldn't decide his fate, a Southern California teen has agreed to plead guilty for gunning down a gay classmate three years ago in their junior high classroom.

In September, a judge declared a mistrial in the case of Brandon McInerney, now 17, after jurors said they were hopelessly deadlocked following a nine-week trial on whether he should be found guilty of manslaughter or murder. The next month, the Ventura County District Attorney's Office announced that McInerney would be retried on first-degree murder charges as an adult. McInerney also was tried as an adult in the first trial.

The district attorney's office said Monday that, since then, it had "carefully reviewed the jury's determination" and talked with some jurors. It also engaged in talks with the victim's family, McInerney and his attorneys after which the relevant parties "agreed upon a disposition that balances the unique facts of the case with the need to protect the public."

Specifically, McInerney pled guilty to killing Lawrence King "under the penal code sections for both murder and voluntary manslaughter," as well as to using a firearm in that crime. He will serve 11 years for manslaughter, 10 years for the use of a firearm, according to the DA's office. His formal sentencing is set for December 19.

"He will serve the entire 21 years without time off for good behavior and will not receive time off his sentence for the three years and nine months he has spent in juvenile hall before sentencing," the prosecutor's office said, concluding that he'd then serve nearly 25 years total.

Had he been convicted on all the new charges , McInerney would have faced a maximum sentence of 50 years to life in prison.

His defense attorney, Scott Wippert, told CNN affiliate KABC he thought the sentence was "appropriate ... given all of the circumstances and all the evidence that came out at trial."

"Obviously, we've always been of the opinion that he should have been tried as a juvenile," Wippert said. "But that aside, given that he's in adult court, I think that this sentence reflects the sentiments of the jury."

McInerney was 14 when he brought a handgun belonging to relatives to E.O. Green Junior High School in Oxnard, prosecutors said.

He shot the 15-year-old King twice at point-blank range in the back of the head, while both were typing papers in a computer lab for their English class along with two dozen students and their teacher, authorities said.

Friends said King, an eighth grader who lived in a group home called Casa Pacifica, was proud of being openly gay. He liked wearing jewelry and makeup to school and he often wore high-heeled boots with the school uniform. He asked his teachers to call him Leticia instead of Larry. Some students bullied him, pupils said.

Other students said McInerney was also subject to some harassment because King had a crush on him and made it publicly known.

The Ventura County district attorney's office on Monday acknowledged criticism about its decision to try McInerney as an adult. The office stood by its decision, saying the options "available in the juvenile system were inadequate."

"This (plea agreement) is based upon the unique facts and circumstances of this case, and we believe it is a just result that balances the age and maturity level of the defendant with public safety and the gravity of the crime," the office said.

The victim's father, Greg King, described the plea agreement as "bittersweet," saying he didn't think the sentence equated to the crime but understood the thinking behind the deal.

"I think they should have taken another shot at it, but I understand why they didn't," he told CNN affiliate KCAL. "But we've been going this for ... years and at least there's some closure coming up."


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heartandmind

Moline, IL

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#28
Nov 22, 2011
 
sorry, my mistake, he was not tried as a juvenile in his first trial. i stand corrected.

“Post-religious”

Since: Apr 08

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#29
Nov 22, 2011
 
heartandmind wrote:
sorry, my mistake, he was not tried as a juvenile in his first trial. i stand corrected.
No problem.

The other big clue is that there are no juries in the juvenile system in California. Only judges or "referees" are the triers of fact in juvenile adjudication hearings, what is known as a "bench trial" in the criminal system.
Bryan Fischer s Fissure

Philadelphia, PA

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#30
Nov 22, 2011
 

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heartandmind wrote:
The victim's father, Greg King, described the plea agreement as "bittersweet," saying he didn't think the sentence equated to the crime but understood the thinking behind the deal.
"I think they should have taken another shot at it, but I understand why they didn't," he told CNN affiliate KCAL. "But we've been going this for ... years and at least there's some closure coming up."
Hmmm, wonder if the little murderer had shot a cop or a str8, white, wealthy businessman if the DA would have "taken another shot at it"?

Of course that's silly - in those cases there would have been no hung jury in the first place. It would have been unthinkable.

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#31
Nov 23, 2011
 
Very good point "Bryan".

“What Goes Around, Comes Around”

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#33
Nov 25, 2011
 

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RevBawneyFwankfooter wrote:
<quoted text>
GOBBLE GOBBLE GOBBLE!!!
Hey, everyone who watched the Thanksgiving Day Parade saw you. You were the first big fat balloon coming thru Times Square! Thanks!=) LOL.
RevBawneyFwankfo oter

Easthampton, MA

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Nov 25, 2011
 

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Imprtnrd wrote:
<quoted text>Hey, everyone who watched the Thanksgiving Day Parade saw you. You were the first big fat balloon coming thru Times Square! Thanks!=) LOL.
Yes, and we saw you burying a turkey baster in yoar hind quarter.
Hold da stuffing boys, Im bizzy!!!
ROTFLMAO!!!
GOBBLE GOBBLE GOBBLE!!!
Aida Lott

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#35
Nov 25, 2011
 

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Look who's obsessed with sticking things in ass...
RevBawneyFwankfo oter

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#36
Nov 25, 2011
 

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Oh really Mona Lott? C'mon now..........

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