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Prosecuters Vow To Retry Larry King’s Killer

Jim Burroway

September 2nd, 2011

Ventura County prosecutors announced today that they intend to retry Brandon McInerney after a judge declared a mistrial yesterday. Jurors were unable to decide whether to convict McInerney as an adult of first-degree or second-degree murder, or voluntary manslaughter. McInerney was fifteen when he shot fourteen-year-old Larry King at an Oxnard middle school in 2008. Legal observers believe trying McInerney as an adult made it harder to convict him. Prosecutors say they are considering whether to try him as an adult again:

“We will consider the fact that this was a very significantly split jury. We will consider everything,” said Chief Asst. Dist. Atty. Jim Ellison. “There are obviously very strong reactions on both sides, and we will consider all those in how we proceed.”

…Laurie Levenson, a Loyola law professor and former federal prosecutor, said it was possible that jurors thought the charges were too harsh.

“Jurors felt prosecutors overcharged, and they were clearly not comfortable putting the boy away for life. They probably believed the dynamic between two adolescent boys is not the same as two adults,”  Levenson said. “With a hate crime, there is usually an agenda to go after a whole group, and this case as presented was a very personal. This was a shooting but not a traditional cold-blooded killing. It had an emotional complexity, especially one associated with adolescents.”

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Priya Lynn
September 3rd, 2011 | LINK

I don’t see how anyone could consider this manslaughter, clearly the killing was intentional.

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