LOS ANGELES (AP) — Southern California prosecutors say they will ask a judge to set a date for a new trial for Brandon McInerney,a teen accused of killing a gay classmate three years ago.

Ventura County Chief Assistant District Attorney James Ellison said Friday his office will ask Judge Charles Campbell to pick a date for trial at a hearing next month. Campbell declared a mistrial Thursday in the case after jurors couldn’t reach a unanimous decision.

KNX 1070’s Claudia Peschiutta reports.

Brandon McInerney, 17, is accused of murdering 15-year-old Larry King at E.O. Green Junior High School in Oxnard. Prosecutors contend the slaying was a hate crime; defense attorneys argue it was committed in the heat of passion.

Ellison says prosecutors will review over the next month whether to pursue the same set of charges.

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Comments (3)
  1. Igor Doublebubblevich. says:

    Movie producer phil Spector accidently shot actress lana clarkson dead, first was mistrial second was life, hopefully Mc Imerny gets life same as he would in Texas/arz/florida and ohio.

  2. david says:

    Brandon is the true victim.Notice how the media puts his currant age,They were both 15 at the time.Larry bieng unusually large for his age.He would pick on the smaller Brandon and mock him amongst classmates.Also notice the 10 or 11 yr. old kid picture on the header.Brandon has a case against the Ventura county school board for condoning larrys sexual harrasment upon Brandon.

  3. Karen says:

    The prosecutor needs to do the right thing. This kid was not an adult and should be treated like every other 14 year old that kills someone. He should never have been charged as an adult.

    Further, it was not a hate crime. King sexually taunted numerous boys in that school, as so many teachers testified. I do not condone his murder but I can see how an unstable boy of 14 could snap.

    The kid was 14 and he’s still not 18 and this prosecutor f’d up. The deadlocked jury was leaning toward manslaughter not murder and not a hate crime.

    Wake up prosecutor. Listen to what the people are saying to you.

    This kid needs to be treated like every other 14 year old that kills someone. Period.

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