Nearly four years after Brandon McInerney fatally shot Larry King in an Oxnard, California classroom, a plea deal was reached Monday in which McInerney will serve 21 years in a mix of youth facilities and prison. The Ventura County Star is reporting that McInerney, 17, pleaded guilty to second degree murder and voluntary manslaughter with use of weapon during a hearing that capped years of legal jousting and a previous nine-week case that ended in a mistrial when jurors were torn over the juvenile being tried as an adult. The sentencing was set for December 19. The judge stayed sentencing on the second degree murder trial, meaning the 21-year sentence was for the voluntary manslaughter charge only. He does not get credit for the time he already has served, and he will not get time off for good behaviour. Though his lawyers had been arguing that he was guilty of voluntary manslaughter only, the plea spares McInerney going through another trial, where he faced a potential first- degree murder conviction and 50 years in prison. His lawyers never denied McInerney shot King, 15, twice in the back of the head in 2008, but argued the crime was done in the heat of passion and was not premeditated. They argued that because McInerney was 14 when he shot King, the case should have been in juvenile court, where he would have been free when he was 25-years-old. After McInerney's previous trial ended in a hung jury in September, officials in the Ventura County District Attorney's office said they believed it was a clear-cut case of first-degree murder and vowed to retry the case. They did drop the hate crime charges against McInerney, which were the focus of some of the most contentious testimony during the trial. People around the world were interested in trial involving the February 12, 2008 shooting at E.O. Green School, which carried elements of gay rights, white supremacy, tolerance and juvenile justice. King had been wearing women's high-heeled boots and make-up to school in the weeks leading up to the shooting, telling his friends he was gay and beginning to act up. Officials at the Hueneme School District said Monday they were pleased there finally was resolution to the court proceedings. "I'm happy that it's over," said Superintendent Jerry Dannenberg. School board member Scott Swenson said, "I'm glad there is a chapter closing." During the trial, which was held in Chatsworth because of intense media coverage in Ventura County, teachers testified King's behaviour was becoming more antagonistic as the school administration did little to rein him in. Teachers were told to teach tolerance and allow King to continue dressing as he did because it was within his rights. One of King's friends said they would goad him into going to lunch tables full of boys who were uncomfortable with his sexuality and chase them away. But other students testified McInerney was one of the many at the school who would call King gay slurs. They said King was kind and just beginning to express his sexuality. A psychologist who interviewed the defendant testified that McInerney was homophobic and it bothered him to see King acting that way. A few days before the shooting, rumours were rampant around school that King asked McInerney to be his Valentine on a crowded basketball court. The day before the shooting, King said something like "What's up baby," to McInerney in the hallway. The psychologist said it pushed McInerney, who came from a home with abuse and drug use, to the edge. That night, McInerney sneaked around his father to get his .22 caliber gun. He almost forgot it the next morning, but ran back into the house to get it. He sat behind King in first-period English class and didn't do anything until they moved to a computer lab. Another student asked King if he was changing his name and King replied, "Yes, to Leticia." A few moments later — the lawyers argued how long it was — McInerney shot King twice in the back of the head and walked out of class. He was arrested a few blocks away.
McInerney's lawyers argued he was being bullied by King while the school did nothing to protect him. But Ventura County Senior Deputy District Attorney Maeve Fox said the case was a classic "gay panic defense," in which McInerney, who was much larger than King, said the worst possible thing that could happen to him is that a gay kid would talk to him. She said McInerney clearly planned the murder and waited until the right moment to kill him execution-style. Fox said McInerney was a violent person who would hurt others again, just as he had in juvenile hall when he got in numerous fights. At the end of the trial, seven jurors said McInerney was guilty of voluntary manslaughter and five said he was guilty of murder. McInerney's lawyers said all the jurors said he was not guilty of a hate crime. Two of jurors who were in the first trial, who opposed McInerney being tried in adult court, were at Monday's hearing.
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