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.

Comments (37)
  1. tw says:

    And I thought only Florida had stupid jurors…, kill someone and get away with it!!!

  2. Jon says:

    Trust me, even California has about 10 million morons living within it’s borders. I thought killing someone with a gun intentionally is called “murder”. And I thought planning to kill someone (by bringing a gun someplace with the intention of killing someone) is premeditated murder, which carries an automatic death sentence. Who knows what these idiots tare thinking. Our country’s morals are shot.

    1. Stubby says:

      The twelve jurors heard the facts. We could care less about your 10 million illegal aliens. KIng got more than he deserved, but he asked for trouble over and over, McINerney felt he had no way out and was desperate due to the arrogant dismissiveness and faux tolerance of the school officials. King should have been stopped and transfered to a mental hospital, not allowed to prance around the school in women’s attire, repeatedly and openly rejecting societal standards and behaviors, and attacking another student.

  3. Matthew says:

    Casey Anthony and now this?! I’m quickly losing faith in our judicial system.

    1. Stubby says:

      I feel just the opposite in this case. McInerney got justice.

  4. Robert Klarney says:

    I don’t think Larry King deserved to be shot but he constantly harassed Brandon McInerney while the school district did nothing.

    I think this was a fair decision. Brandon McInerney shouldn’t have to spend life in prison over this.

    1. McInerney Should DIE! says:

      Larry King constantly harrassed Brandon McInerney??? I highly doubt that. A child as young as Larry who is dealing with being gay in a hateful world would not likely be an instigator in anything. If was likely the other way around with McInerney constantly harrassing King. Besides, since when did words give someone the right and justificaiton to MURDER another person?! I think your comment is BUNK! McInerney knew exactly what he was going to do that day and he did it. He should rot in prison like the other murderous criminals in there! And YOU should go with him too, Robert Klarney!

    2. Jose says:

      King started the whole thing rolling, and it is sad for McInerney, who now has a life time to think about how he could have turned the comments King was making, into a HATE CRIME AGAINST King. CLEARLY King started this, but he wasn’t ready for the result of HIS (King’s) irresponsible behavior. This case clearly substantiates the old saying of “DON’T BITE OFF MORE THAN YOU CAN CHEW. This clearly WAS KING’s FAULT.

    3. Karen says:

      I don’t condone murder but I do agree that Larry King harrassed the boys in the school with his sexual taunts.

      I also don’t think this 14 year old should have been charged as an adult. No way.

      I think this kid should be punished like all 14 year olds who kill someone. He is still not an adult and was not an adult.

      Too bad prosecutor. Just like the Casey Anthony prosecutor, you f’d up. You should never have tried him as an adult.

      1. Vickie Davis says:

        Have you ever seen one gay kid harass anyone?? That does not really happen.

      2. Karen says:

        Vicki – you should have listened to the evidence. Many people testified that King came on to numerous boys in the school.

        And I think he needs to be punished. He needs to be punished like all the other 14 year olds who kill someone.

        The prosecutor chose to try him as an adult for a hate crime and the jury deadlocked and more leaned against murder.

      3. TT says:

        I agree with you Karen – this was 2 what – 14 and 15 year old little boys – this should have been handled better by school officals and parents – it never would have escalated to that degree if somebody was paying attention and communicating with the parents about what was really going on at school…. And no – he never should have been tried as an adult – he isnt an adult – he’s a kid….A kid that obviously needed care for his mental and physical well being – Somebody wasnt paying attention … and he was 14 or 15 ? – shouldnt the parents have some liability in this ? i thought you were actually responcible for your childrens actions until you are at least 18 – maybe 21…. Has that changed?

    4. Jose says:

      I agree completely that King was going out of his way to humuliate Brandon McInerney in front of their fellow students. King absolutely deserved to be punished, but instead of shooting King, McInerney should have brought the harassment to the school officials and had King charged WITH A HATE CRIME AGAINST A HETEROSEXUAL CHILD.

      1. Zoe Ellen Brain says:

        The evidence shown at court was that the Killer constantly bullied the victim, a child much smaller than he was.
        The evidence also showed that the victim retaliated in the only way such a physically small kid could do – by words. The only physical contact he had with the killer was his face being hit by the killer’s fists.

        This lack of verdict shows that 7 out of 12 Californians think it’s the act of a reasonable person to kill a trans kid. That it’s not murder, even when pre-meditated. It’s open season on them.

        Thanks to people like you, Jose.

      2. Karen says:

        Zoe – if that were true, there would not have been a mistrial. Nothing was proven in court. That is why the jury deadlocked. You can’t call it murder.

        It’s hard to blame you though considering that one reporter on KNX1070 said that the 14 year old murdered someone. I would sue for defamation if I were that kid’s family.

  5. ken says:

    that is the main reason why the defense wanted the trial outside ventura county because they distrust the ventura jurors.

    1. Stubby says:

      Jury of your peers.

  6. Igor Doublebubblevich. says:

    Mc Inerney will be free by oct 1 with the thousands of orher inmates being released, california is so liberal .prison should be optional if you want to not, cal.concentrates on speeding tickets to pay high politican salaries.

  7. glad my son left there says:

    i can tell you for fact Larry was the main problem he would corner my son in the restroom grab his rear and make comments about the size and or appearance of my sons parts i do not say this means he needed to die but be sure of this he was not an innocent person here he brought any bad attention he got on him self my son told teachers several times what was going on and one teacher mearly laughed and walked away so i took my son out of that school

    1. Jose says:

      King got what he deserved and your commrent clearly shows that King had a history of sexual harassment of other boys? What is wrong with that picture? King probably would have grown up to be,, what…, a Catholic Priest? It is unfortunate that McInerney will be labeled a “murderer”. The teacher who laughed at your son’s harassment should be the one charged as an adult, who COULD HAVE DONE SOMETHING TO STOP KING’s harassing behavior.

    2. Zoe Ellen Brain says:

      If this semi-literate guy was telling the truth, he wouldn’t hide behind anonymity. He’d be testifying for the defence, openly.

      1. Karen says:

        What makes you think she did not? Many people did testify that King used to come on to all the boys in the school.

  8. chris says:


    1. rich says:

      problem is hes not a murderer if a boy was sexually assulting a girl and the girl did this everyone would cheer for her so why is it so diffrent when this kid was sexually assulting other boys and one of them snaped and did this?

  9. CHRIS says:


  10. CHRIS says:


    1. rich says:

      yes i would chris

  11. rich says:

    murder comes in many forms just like harrassment comes in many forms if you kill someones self esteem their pride there self worth have not not MURDERED them in some form?? to me if you harrass someone in any form be it physical, emotional or sexual then you are slime and if the person you harrassed snaps and kicks the snot out of you or even kills you then i say you ASKED FOR IT and this goes in every direction man on woman, woman on man gay on straight or straight on gay no one should be harrassed or in this case sexually assulted so if your going to assult people or in any way harass them then you need to be ready for what ever revenge the abused may choose to take on you

    1. Zoe Ellen Brain says:

      You’ve just hurt my self-esteem with your harassing comment.

      No, I’m not going to kill you for that, or hurt you, because only an evil sociopath would do that, not a reasonable person.

  12. CHRIS says:


  13. Hardmoney says:

    Give the kid a citation for littering, and a couple of hours of community service.

  14. TT says:

    I found this on the following website – I would like to know if it is still fact….

    According to About Juvenile Delinquents, a juvenile delinquent is a child between the ages of 7 and 16 that commits a crime which would be considered serious if the child had been an adult. It has long been felt that juvenile delinquents are the product of poor parenting. Therefore, laws have been incorporated to hold a parent responsible for the actions of his children

    Read more: Parent’s Responsibility for Juvenile Delinquents |

    1. Karen says:

      TT – The link you posted said that parents are not usually criminally liable for their juvenile delinquent kids’s behavior. In order for the parent to be criminally liable, the parent had to contribute to the criminal act.

      1. TT says:

        oh see maybe thats what i was missing….i was kinda hoping to get some input on that subject – i was always under the impression that if my kids got into trouble – that we – the parents would be responcible….no matter what – they are grown now – but thats what i was always told….when they were growing up….

      2. Karen says:

        TT – your link says that too. There are varying degrees of responsbility for parents. Since this case is a criminal case, I focused on that.

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