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.

Comments (4)
  1. rich says:

    i dont get it they could not convict the kid the first time why try again and waste more money

  2. Joseph D. Phillips says:

    The defendant may be a teenager, but he is not a boy, as KNX 1070 stated in a broadcast today.

    If the county thinks he did it, it should descend upon him like a ton of bricks, no matter how long it takes or how much it costs.

  3. rich says:

    this is my point Joseph if they could not convict him the first time with what ever evidance they have then why do they think they can get it done with the same stuff on a second try to me it seems a waste. no one denies he shot the kid what seems to be in doubt is weather it rose to the level of the charges they put on the kid and appearently they could not prove that it did or the jury would not have been hung

  4. Joseph D. Phillips says:

    If a third jury acquits, we can safely say the public believes murder is acceptable.

    We’re not at that stage yet.

    It’s too bad this couldn’t have been a death penalty case. This murderer certainly deserves it.

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