VENTURA (CBS) — A plea deal has been reached for an Oxnard teenager accused of killing a gay classmate.

Brandon McInerney, now 17, agreed to the deal Monday afternoon, pleading guilty to second degree murder, manslaughter and use of a firearm.

McInerney is accused in the 2008 murder of 15-year-old Larry King at E.O. Green Middle School.

According to the terms of the plea deal, McInerney will be sentenced to 21 years in prison, which will not include time already served.

He will be sentenced on Dec. 19.

“This gives us a full 25 years in custody,” says assistant district attorney, Mike Frawley. “We’ve protected the community.”

McInerney had previously rejected an offer of 25 years to life for first degree murder and a hate crime.

McInerney’s attorney Scott Wippert says his client has been remorseful since the beginning.

“If he could take it back, obviously every day he thinks and wishes that he could,” says Wippert. “At this point I think he’s relieved.”

A judge declared a mistrial in September of this year when jurors deadlocked; seven jurors wanted to convict McInerney of manslaughter, five wanted him convicted of murder.

A retrial was scheduled to begin Monday. McInerney was being charged as an adult, which could have brought a life sentence.

Larry King’s father, Greg King, says the family is relieved they will not have to endure another trial.

“It’s a little bit bittersweet,” says King. “I don’t think that 21 years is really justice for cold blooded murder. But on the other hand, we’ve been going through this for four years, and at least there’s some closure coming up.”

Comments (15)
  1. CW in LA says:

    What the Hell No deals for these people. Have we not learned by the case in San diego where the guy raped and murdered 2 girls and then tried a 3rd time. We had just let him out of jail. If the justice system worked that man would have never been out and those girls would still be alive and graduating high school, going to Prom, and or going to college. We as a State should be ashamed of our system. We robed an took these girls lives just because the justice system is overcrowed and understaffed.

    1. Jessenia Martinez says:

      Exactly. The fact that the jury deadlocked because they couldn’t decide what he did was first degree murder, which CLEARLY it was, shows how dumb society is becoming, it’s sad. This is exactly why I don’t believe in plea deals. But also, 21 years is better then nothing, which is what his lawyers said he should serve, damn rats.

      1. WW says:

        was not murder of any kind Larry was and had been systematicly assulting and comming onto other boys for a long time this kid should have got off scott free. you ask how i know i was one of the kids he was touching and bothering

      2. McInerney Should FRY! says:

        @ WW – I highly doubt what you say is true. Even if it is, why didn’t you go to school authorities for help?! Why didn’t you get your parents involved?! Why didn’t you call the police?! You know why you didn’t? Because it never happened! By your comment, what you are essentially saying is that it’s okay to shoot someone in the head because they came on to you. That’s so incredibly ridiculous! I think what you have, young man, is h0m0phobia. Deal with it!

  2. Retspool says:

    What a waste of sperm and money.

  3. Rankin1 says:

    Texas/Georgia/alabama/ohio would have fried McInnery 2 years ago, liberal california good place to commit serious crime.

  4. hollister21 says:

    @Rankin1: I don’t know about Texas. He would’ve probably been given leniency if he were here. Some Texans unfortunately don’t take too kindly to the LGBT community.

  5. WW says:

    @ McInerney Should FRY!
    I DID go to teachers i DID go to my dad and mom my dad DID go to the school about it and both he and i were told it was NO BIG DEAL WHAT HE WAS DOING HE WAS JUST FLIRTING i do not call grabing ME IN THE MENS ROOM FLIRTING i do not call commenting on how he thought my rear was cute is flirting so yess i support Brandon what he did may not have been the best answer but it is what he needed to do in his mind and i understand it. if someone touched your daughter like this in her school and no one did any thing would you be so quick to say she needed to fry if she shot the person? i think not

    1. slew says:

      WW Is not saying anything that hasn’t been on the news. It is known that King was sexually harrassing people. WW over reacted about him deserving death, but he should have been kicked out of school. I blame the principle for not being attentive to what is going on. KIng was reported of going into a school dresssed as a girl. That should of been a red flag.

    2. slew says:

      What is horrible is how the state misuse the hate crime multiplier. McInerney was a trouble kid who couldn’t deal with his emotion. He wasn’t really after the gay community but was trying to get sexual harassment to stop. Hate crimes should be restricted only when somoene is intentionally threatening an entire community.
      The question I have for everyone is if a female was being sexually harrassed and in an environment that she felt trapped, would we give her 20 years for murder.

    3. McInerney Should FRY! says:

      Uh, no you didn’t. You’re nothing but a filthy liar and you too will burn in hell with McInerney for the slanderous things you say.

      There is NOTHING that Larry did or would have done that warranted him being shot in the head. Maybe he needed more guidance on how to deal with his sexuality, but the more troubling aspect of this murder is that McInerney decided that the ONLY way to deal with his h0m0phobia was to KILL SOMEONE. What’s worse is that you’re no better than McInerney and now the community of Oxnard/Ventura County need to fear what YOU might do if someone makes YOU uncomfortable. In my opinion, McInerney is a far more troubled person than Larry EVER was, to think that blowing some poor kid’s brains out is an option for resolution.

      1. McInerney Should FRY! says:

        Here’s an afterthought… I hope with all my might that McInerney has a hell of a time in prison. I hope he gets raped repeatedly. I hope he gets his butt kicked across the yard. I hope he cries himself to sleep every night. I hope he wishes that he’d chosen another way to deal with his issues. I hope someone kills HIM before he gets out to terrorize our communities with his criminalistic behavior.

  6. cindy says:

    i will start off with this KILLING THE BOY WAS NOT NEEDED but i will go on to say that those of you defending the gay boy ARE MISSING THE POINT i went to a school where there was a boy going around hitting on the girls grabbing their body parts and saying crud things no one shot him and killed him NOOOO 6 brothers of 6 girls he touched came to the school and BEAT HIS BUTT INTO VEGIE-VILLE they beat him so bad he is litrally still a vegitable. NONE were ever tried for it. it went down as the brothers defending their sister and NO ONE in the community EVER protested. my point is simple had this LARRY been a straight boy hitting on straight girls grabbing their bodys and sayin what he is reported to have said in the court record then there would have been a ton of dads and or brothers hunting his lil butt down. but since he was a gay kid who did it then for some reason its less wrong to all of you i will never understand that about socity

  7. Pablo says:

    McInerney was a 14 year old kid being harassed by another boy. How humiliating for a 14 year old boy with undeveloped emotions.

    It was tragic no matter how we look at this.

    The bigger issues is that its not OK for gay people to think they have the right to violate other people such as the deceased did to his classmate. I feel 21 years is excessive for a child who wasn’t emotionally sound.

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