Source: Ventura County Star, Associated Press, Los Angeles Times
The 14-year-old boy accused of killing eighth-grader Larry King pleaded not guilty Thursday to premeditated murder and a hate crime.
His attorney said the charges Brandon McInerney faces in adult court could mean dying in prison unless the youth can be tried on the lesser charge of manslaughter.
"This is essentially a death sentence for Brandon McInerney," defense attorney William Quest said after entering a plea of not guilty for his client.
When Superior Court Judge Edward Brodie asked McInerney if he understood his rights, the boy answered "Yes, sir," in a strong voice.
A jury can convict McInerney of manslaughter instead of murder unless the judge instructs them not to, Quest said.
If convicted of manslaughter, McInerney would face a sentence of six to 21 years, Quest said. The murder and hate crime charges McInerney now faces require a minimum of 51 years and a maximum of life with no time off for good behavior, the lawyer said.
Prosecutors said they had no plans to change the charge, Associated Press reports.
"We believe the crime is charged appropriately," Chief Assistant District Attorney James Ellison said. "If we thought it was manslaughter, we would have filed it as manslaughter."
Brodie set a preliminary hearing for Sept. 23, a date that could be extended by 10 days, but he did not assign the case to a judge.
Assuming a judge finds enough evidence at the hearing to proceed to trial, Quest hopes the trial could begin before McInerney's 15th birthday in January.
McInerney is accused of shooting King on Feb. 12 as students worked on English assignments in a classroom at E.O. Green School in Oxnard. The 15-year-old King died Feb. 14 after being taken off life support.
Although prosecutors have not elaborated on the hate crime charge, the Oxnard youth wore makeup and jewelry and told friends he was gay.
McInerney, who has been held in the county's juvenile hall since his arrest, wore inmates' clothing of a white T-shirt and dark pants when he appeared in the Ventura courtroom.
The teenager's divorced parents, Kendra McInerney and William McInerney, sat in front of the courtroom during the brief proceeding, Ventura County Star reports. His mother, visibly upset as she watched her son inside the prisoners' holding area, hurried out of the courtroom. The boy's father followed. Both declined comment.
The plea came two weeks after the defense lost its challenge of a voter initiative that gave prosecutors sole discretion to file homicide charges in adult court against youths as young as 14.
After McInerney's arraignment, Quest told reporters that he plans to appeal a Ventura County Superior Court judge's ruling that allows the teenager to be tried as an adult.
The slain boy's father, Greg King, declined comment on the plea Thursday afternoon, but he said he supports the district attorney's decision to try McInerney for first-degree murder as an adult, Ventura County Star reports.
"He went into a classroom in front of other students and shot my son in the back of the head twice," King said. He suggested that the boy's age does not merit lighter treatment.
"My son his dead," he said. "For his age to be taken into consideration — he didn't take my son's age into consideration."
Quest said his client is remorseful, and doesn't grasp the gravity of his situation.
Quest returns to court Monday to seek King's records from E.O. Green School and Casa Pacifica, the children's shelter where King was staying at the time of the shooting.
Source: McInerney pleads not guilty, lawyer calls charges 'death sentence' | Ventura County Star
California Briefing | Los Angeles Times
Calif. boy pleads not guilty in gay teen's slaying | Associated Press