VENTURA (CBS) — Ventura County prosecutors have decided to retry a teenager accused of murdering a gay classmate in February 2008.
Prosecutors announced Wednesday that they have decided to drop hate crime charges in the murder retrial of Brandon McInerney, 17.
A new trial has been set for Nov. 21.
A mistrial was declared last month after jurors couldn’t agree on the degree of McInerney’s guilt for killing 15-year-old Larry King. They were deadlocked on the decision whether to convict McInerney of manslaughter or first-degree murder.
McInerney was 14 at the time of the shooting in a classroom at E.O. Green Junior High School in Oxnard.
The Ventura District Attorney’s office said McInerney will be tried again as an adult.
“We are obviously very disappointed that the district attorney didn’t do what they should have done and that is file this back in juvenile court where this belongs,” said defense attorney Scott Wippert.
McInerney’s first trial was relocated to Chatsworth. It is not clear whether the retrial will take place in Ventura County where the crime was committed.