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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