Thursday, September 1, 2011

Gay student slaying: Mistrial declared [Updated]

Photo: Brandon McInerney, left, and  Larry King. Credit: Los Angeles Times  / E. O. Green Jr. High School  2006-2007 yearbook

A judge declared a mistrial Thursday in the case of an Oxnard teenager accused of killing a gay classmate.

The vote was 7 to 5 in favor of finding Brandon McInerney guilty of voluntary manslaughter.

Jurors in the case, in which McInerney fatally shot 15-year-old Larry King in a junior high school computer lab, were ordered earlier Thursday to continue deliberating despite failed vote.

[Updated at 4:31 p.m., Sept. 1: McInerney was stoic as the judge declared a mistrial, but after jurors left he smiled at his family members, some of whom he hadn’t seen in three years, and blew a kiss to his girlfriend.  King’s family did not react and left the courtroom without commenting.]

The mistrial brings to a close a trial that has been followed closely by gay-rights groups that have fought hard to protect gay and transgendered students from campus bullying.

But as the weeks of testimony continued and a more nuanced portrait emerged of what was happening at E.O. Green Junior High before the shooting, it also raised a host of thorny questions.

The prosecution says it was a calculated murder carried out in part because McInerney was exploring white supremacist ideology and didn't like homosexuals. Defense attorneys painted a different picture, that of a bright but abused 14-year-old who snapped after being sexually harassed by King.

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