CHATSWORTH (CBS) — A judge has declared a mistrial for Brandon McInerney, accused of killing a gay classmate.

The judge declared the mistrial Thursday after the jury said that they were deadlocked in the murder case of McInerney who is accused of killing gay classmate, Larry King, 15.

McInerney was being tried as an adult.

The nine-woman, three-man jury was split 7-to-5 when polled, with seven jurors believing the now 17-year-old was guilty of voluntarily manslaughter and five guilty of first-degree murder.

King was shot in the back of the head with a .22-caliber handgun at E.O. Green Junior High School in Oxnard in 2008. The crime, which happened in the school’s computer lab, has been called a hate crime because King was gay.

“I wish that it was solved. I wish that he would have gotten manslaughter charged. I don’t think he deserves first degree murder and I don’t think he deserves to be tried as an adult,” said Abby Haynes, McInerney’s friend.

The jury had been deliberating the case since Friday.

The case was moved from Ventura County to Los Angeles County due to extreme media coverage.