E.O. Green School shooting
Encyclopedia
Gay
Gay is a word that refers to a homosexual person, especially a homosexual male. For homosexual women the specific term is "lesbian"....
student at E.O. Green Junior High School in Oxnard
Oxnard, California
Oxnard is the 113th largest city in the United States, 19th largest city in California and largest city in Ventura County, California, by way of population. It is located at the western edge of the fertile Oxnard Plain, and is an important agricultural center, with its distinction as the...
, California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. He was shot twice by fellow student 14-year-old Brandon McInerney and was kept on life support until he died two days later.
Newsweek
Newsweek
Newsweek is an American weekly news magazine published in New York City. It is distributed throughout the United States and internationally. It is the second-largest news weekly magazine in the U.S., having trailed Time in circulation and advertising revenue for most of its existence...
described the shooting as "the most prominent gay
Gay
Gay is a word that refers to a homosexual person, especially a homosexual male. For homosexual women the specific term is "lesbian"....
-bias crime since the 1998 murder of Matthew Shepard
Matthew Shepard
Matthew Wayne Shepard was a student at the University of Wyoming who was tortured and murdered near Laramie, Wyoming, in October 1998...
", bringing attention to issues of gun violence
Gun violence in the United States
Gun violence in the United States is an intensely debated political issue in the United States. Gun-related violence is most common in poor urban areas and in conjunction with gang violence, often involving juveniles or young adults...
as well as gender expression
Gender identity
A gender identity is the way in which an individual self-identifies with a gender category, for example, as being either a man or a woman, or in some cases being neither, which can be distinct from biological sex. Basic gender identity is usually formed by age three and is extremely difficult to...
and sexual identity of teenagers
Adolescent sexuality
Adolescent sexuality refers to sexual feelings, behavior and development in adolescents and is a stage of human sexuality. Sexuality is often a vital aspect of teenagers' lives...
.
Following numerous delays and a change of venue, McInerney's first trial began on July 5, 2011, in the Los Angeles
Los Ángeles
Los Ángeles is the capital of the province of Biobío, in the commune of the same name, in Region VIII , in the center-south of Chile. It is located between the Laja and Biobío rivers. The population is 123,445 inhabitants...
district of Chatsworth. That trial ended on September 1, 2011 when the judge, Charles Campbell, declared a mistrial due to the jury being unable to reach a unanimous verdict. Prosecutors decided seek a second trial, but dropped the hate crime charge.
On November 21, 2011, McInerney pleaded guilty to second degree murder, voluntary manslaughter and use of a gun. The plea carries a sentence of 21 years imprisonment without time off for good behavior, and avoided the scheduled retrial.
Lawrence King
Lawrence Fobes "Larry" King was born on January 13, 1993 at the Ventura County Medical CenterVentura County Medical Center
Ventura County Medical Center is a hospital in the city of Ventura, California, USA. It is a 208 bed acute care hospital. The county also operates a 49 bed campus in Santa Paula.- External links :*...
in Ventura
Ventura, California
Ventura is the county seat of Ventura County, California, United States, incorporated in 1866. The population was 106,433 at the 2010 census, up from 100,916 at the 2000 census. Ventura is accessible via U.S...
, California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
. King was adopted at age two by Gregory and Dawn King. His biological father had abandoned his wife, and his mother was a drug addict who failed to care for her son properly. King was prescribed medication for attention deficit hyperactivity disorder, and according to Gregory King, Larry had been diagnosed with reactive attachment disorder
Reactive attachment disorder
Reactive attachment disorder is described in clinical literature as a severe and relatively uncommon disorder that can affect children. RAD is characterized by markedly disturbed and developmentally inappropriate ways of relating socially in most contexts...
, a condition in which a child fails to develop relationships with his or her caregivers. He was also forced to repeat the first grade of schooling. By the third grade, King began to be bullied by his fellow students due to his effeminacy
Effeminacy
Effeminacy describes traits in a human male, that are more often associated with traditional feminine nature, behaviour, mannerisms, style or gender roles rather than masculine nature, behaviour, mannerisms, style or roles....
and openness about being gay, having come out
Coming out
Coming out is a figure of speech for lesbian, gay, bisexual, and transgender people's disclosure of their sexual orientation and/or gender identity....
at ten years old.
At the age of twelve, King was placed on probation
Probation
Probation literally means testing of behaviour or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer...
for theft
Theft
In common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...
and vandalism
Vandalism
Vandalism is the behaviour attributed originally to the Vandals, by the Romans, in respect of culture: ruthless destruction or spoiling of anything beautiful or venerable...
. In November 2007, he was removed from his adoptive home and placed in a group home
Group home
A group home is a private residence designed or converted to serve as a non-secure home for unrelated persons who share a common characteristic.-Types of group homes:...
and treatment center named Casa Pacifica after he alleged that his adoptive father was physically abusing
Physical abuse
Physical abuse is abuse involving contact intended to cause feelings of intimidation, injury, or other physical suffering or bodily harm.-Forms of physical abuse:*Striking*Punching*Belting*Pushing, pulling*Slapping*Whipping*Striking with an object...
him, a charge Gregory King denied.
The bullying continued when King transferred to E.O. Green Junior High School in the seventh grade, and intensified when he began attending school wearing women's accessories and clothing
Cross-dressing
Cross-dressing is the wearing of clothing and other accoutrement commonly associated with a gender within a particular society that is seen as different than the one usually presented by the dresser...
, high heels and makeup in January 2008. King's younger brother Rocky also suffered bullying because of Larry's appearance. The school could not legally stop King from dressing as such because of a California hate crime
Hate crime
In crime and law, hate crimes occur when a perpetrator targets a victim because of his or her perceived membership in a certain social group, usually defined by racial group, religion, sexual orientation, disability, class, ethnicity, nationality, age, gender, gender identity, social status or...
law that prevents gender discrimination, although teachers at the school thought that his clothing was clearly in violation of school code, which prevents students from wearing clothing considered distracting. The school issued a formal notice to every teacher on January 29, 2008 via email
Email
Electronic mail, commonly known as email or e-mail, is a method of exchanging digital messages from an author to one or more recipients. Modern email operates across the Internet or other computer networks. Some early email systems required that the author and the recipient both be online at the...
. Written by eighth-grade assistant principal Sue Parsons, it read, in part:
We have a student on campus who has chosen to express his sexualityHuman sexualityHuman sexuality is the awareness of gender differences, and the capacity to have erotic experiences and responses. Human sexuality can also be described as the way someone is sexually attracted to another person whether it is to opposite sexes , to the same sex , to either sexes , or not being...
by wearing make-up. It is his right to do so. Some kids are finding it amusing, others are bothered by it. As long as it does not cause classroom disruptions he is within his rights. We are asking that you talk to your students about being civil and non-judgmental. They don't have to like it but they need to give him his space. We are also asking you to watch for possible problems. If you wish to talk further about it please see me or Joy Epstein.
Joy Epstein was one of the school's assistant principals, and also openly lesbian
Lesbian
Lesbian is a term most widely used in the English language to describe sexual and romantic desire between females. The word may be used as a noun, to refer to women who identify themselves or who are characterized by others as having the primary attribute of female homosexuality, or as an...
. Several teachers, and King's father, accused Epstein of encouraging Larry's flamboyance as part of her "political agenda." King also taunted boys in the halls, saying "I know you want me" and was known to make inappropriate comments to boys while they were changing for P.E. class. However, prosecuting attorneys filed court documents that stated King was not sexually harassing other students in the weeks before the shooting. McInerney and King had been in several verbal altercations described as "acrimonious" by the prosecutor.
Brandon McInerney
Brandon David McInerney was born on January 24, 1994 in Ventura, CaliforniaCalifornia
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
. His mother Kendra had a criminal history and was addicted to methamphetamine
Methamphetamine
Methamphetamine is a psychostimulant of the phenethylamine and amphetamine class of psychoactive drugs...
. In 1993, Kendra accused her husband William of shooting her in the arm with a .45-caliber
.45 ACP
The .45 ACP , also known as the .45 Auto by C.I.P., is a cartridge designed by John Browning in 1904, for use in his prototype Colt semi-automatic .45 pistol and eventually the M1911 pistol adopted by the United States Army in 1911.-Design and history:The U.S...
pistol
Pistol
When distinguished as a subset of handguns, a pistol is a handgun with a chamber that is integral with the barrel, as opposed to a revolver, wherein the chamber is separate from the barrel as a revolving cylinder. Typically, pistols have an effective range of about 100 feet.-History:The pistol...
. In another incident, William McInerney choked his wife almost to unconsciousness after she accused him of stealing ADHD medication from her older son. He pleaded no contest and served ten days in jail and 36 months probation on a charge of domestic violence. Between August 2000 and February 2001, William McInerney had contacted Child Protective Services
Child Protective Services
Child Protective Services is the name of a governmental agency in many states of the United States that responds to reports of child abuse or neglect. Some states use other names, often attempting to reflect more family-centered practices, such as "Department of Children & Family Services"...
at least five times about concerns of his son living with his mother. In 2001, he filed a restraining order
Restraining order
A restraining order or order of protection is a form of legal injunction that requires a party to do, or to refrain from doing, certain acts. A party that refuses to comply with an order faces criminal or civil penalties and may have to pay damages or accept sanctions...
against Kendra, and in 2004, Brandon was placed in the custody of his father, as his mother had entered a drug rehabilitation program
Drug rehabilitation
Drug rehabilitation is a term for the processes of medical or psychotherapeutic treatment, for dependency on psychoactive substances such as alcohol, prescription drugs, and so-called street drugs such as cocaine, heroin or amphetamines...
.
The shooting
In July 2008, NewsweekNewsweek
Newsweek is an American weekly news magazine published in New York City. It is distributed throughout the United States and internationally. It is the second-largest news weekly magazine in the U.S., having trailed Time in circulation and advertising revenue for most of its existence...
reported that a day or two before the shooting King walked onto the basketball court in the middle of a game and asked McInerney to be his Valentine
Valentine
Valentine may refer to:* Valentine's Day, a holiday, or a card or gift given on that day-People:* Valentine , the pseudonym of Archibald Thomas Pechey* Saint Valentine, the name of several martyred saints of ancient Rome* Pope Valentine...
in front of the team who then made fun of McInerney. Just after lunchtime on February 11, King passed McInerney in a corridor and called out, "Love you baby". Later that day King was seen "parading" back and forth in high-heeled boots and makeup in front of McInerney. According to a teacher, a group of boys was laughing at McInerney who was getting visibly upset and assistant principal Joy Epstein, noticing McInerney's reaction, wagged her finger at him. When McInerney endured teasing because of the incident, he attempted to recruit other students to assault King but no one expressed interest. He then told one of King's friends to say goodbye to him "because she would never see him [King] again".
On the morning of February 12, 2008, McInerney was witnessed repeatedly looking at King during a class in a computer lab
Computer lab
A computer lab, also known as a computer suite or computer cluster is typically a room which contains many networked computers for public use...
oratory. At approximately 8:15 a.m local time, McInerney withdrew from his backpack a .22-caliber
.22 Long Rifle
The .22 Long Rifle rimfire cartridge is a long established variety of ammunition, and in terms of units sold is still by far the most common in the world today. The cartridge is often referred to simply as .22 LR and various rifles, pistols, revolvers, and even some smoothbore shotguns have...
revolver
Revolver
A revolver is a repeating firearm that has a cylinder containing multiple chambers and at least one barrel for firing. The first revolver ever made was built by Elisha Collier in 1818. The percussion cap revolver was invented by Samuel Colt in 1836. This weapon became known as the Colt Paterson...
belonging to relatives and shot King twice in the back of the head. Following the shooting, McInerney tossed the handgun on the floor and walked from the classroom. He was apprehended by police about seven minutes later and five blocks away from the school campus.
King was transported to St. John's Regional Medical Center
St. John's Regional Medical Center (California)
St. John's Regional Medical Center is a hospital located in Oxnard, California, USA and is operated by Catholic Healthcare West, along with its sister hospital, St. John's Pleasant Valley Hospital in Camarillo, California . The hospital was founded in 1912. St. John’s Regional Medical Center and St...
where he was listed in serious condition. He was declared brain dead
Brain death
Brain death is the irreversible end of all brain activity due to total necrosis of the cerebral neurons following loss of brain oxygenation. It should not be confused with a persistent vegetative state...
on February 13 but was kept on life support for two days so that his organs could be donated
Organ donation
Organ donation is the donation of biological tissue or an organ of the human body, from a living or dead person to a living recipient in need of a transplantation. Transplantable organs and tissues are removed in a surgical procedure following a determination, based on the donor's medical and...
.
Since McInerney has refused to speak to investigators, the motive for the shooting remains unclear. According to Police Chief John Crombach, "It's pretty clear our suspect was focused on his victim and what he planned to do".
Response
Vigils and marches were organized across the United States following King's death. Sympathies for King have been expressed by numerous people including Judy ShepardJudy Shepard
Judy Shepard is the mother of Matthew Shepard, a 21-year-old student at University of Wyoming who was murdered in October 1998...
, Human Rights Campaign
Human Rights Campaign
The Human Rights Campaign is the United States' largest LGBT advocacy group and lobbying organization; according to the HRC, it has more than one million members and supporters...
president Joe Solmonese
Joe Solmonese
Joe Solmonese is president of the Human Rights Campaign of the United States and its affiliate the Human Rights Campaign Foundation. He was appointed to this position on March 9, 2005. A native of Attleboro, Massachusetts, Solmonese lives in Washington, D.C...
,"Slaying of Gay Oxnard Student Spurs Diversity Education Bill", Gay Wired, February 19, 2008 Senator
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
Hillary Clinton and television host Ellen DeGeneres
Ellen DeGeneres
Ellen Lee DeGeneres is an American stand-up comedienne, television host and actress. She hosts the syndicated talk show The Ellen DeGeneres Show, and was also a judge on American Idol for one year, having joined the show in its ninth season....
. A thousand students in the Hueneme School District, where E.O. Green is located, marched to pay tribute to King on February 16, 2008, four days after the shooting.
A local vigil in Ventura, California
Ventura, California
Ventura is the county seat of Ventura County, California, United States, incorporated in 1866. The population was 106,433 at the 2010 census, up from 100,916 at the 2000 census. Ventura is accessible via U.S...
was organized one year after King's death. The Day of Silence
Day of Silence
The Day of Silence is the Gay, Lesbian and Straight Education Network's annual day of action to protest the bullying and harassment of lesbian, gay, bisexual, and transgender students and their supporters...
for 2008, which is intended to protest LGBT harassment and occurred on April 25, was specially dedicated to King. King's father Greg is unconvinced his adoptive son was gay as Larry had only recently told him that he was actually bisexual. Greg believes that his son was sexually harassing
Sexual harassment
Sexual harassment, is intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In some contexts or circumstances, sexual harassment is illegal. It includes a range of behavior from seemingly mild transgressions and...
McInerney, and has expressed concern that his son is being made a poster child
Poster child
A poster child is a child afflicted by some disease or deformity whose picture is used on posters or other media as part of a campaign to raise money or enlist volunteers for a cause or organization...
for gay rights issues.
A new diversity education bill was introduced on behalf of King by California Assemblyperson Mike Eng
Mike Eng
Michael "Mike" F. Eng was elected to the California State Assembly in November 2006 and represents the 49th District. He is an American politician and member of the Democratic Party...
, saying, "We need to teach young people that there's a curriculum called tolerance education that should be in every school. We should teach young people that diversity is not something to be assaulted, but diversity is something that needs to be embraced because diversity makes California the great state that it is." The bill would require mandatory classes on diversity and tolerance in California school districts.
Teachers also showed sympathy for McInerney. "We failed Brandon," a teacher said. "We didn't know the bullying was coming from the other side—Larry was pushing as hard as he could, because he liked the attention." Hundreds of children from the school have signed a petition requesting that McInerney be tried as a juvenile.
Criticism of the school
In August 2008, King's family filed a claim against E.O. Green Junior High School at Ventura County Superior Court, alleging that the school's allowing King to wear makeup and feminine clothing was a factor leading to his death. According to the California Attorney General's Office, however, the school could not legally have stopped King from wearing girls' clothes because state law prevents gender discrimination.According to a Newsweek
Newsweek
Newsweek is an American weekly news magazine published in New York City. It is distributed throughout the United States and internationally. It is the second-largest news weekly magazine in the U.S., having trailed Time in circulation and advertising revenue for most of its existence...
article published on July 19, 2008, some teachers at E.O. Green also allege that assistant principal Joy Epstein was "encouraging King's flamboyance to help further an 'agenda'". When Epstein was later promoted to principal at another local public school, King's father described it as a "slap in the face of my family". The superintendent, Jerry Dannenberg, stated that the promotion was given because "she was the most qualified person for the new principal job".
Pretrial legal proceedings
In February 2008, McInerney's lawyer, William Quest, was considering a change of venueChange of venue
A change of venue is the legal term for moving a trial to a new location. In high-profile matters, a change of venue may occur to move a jury trial away from a location where a fair and impartial jury may not be possible due to widespread publicity about a crime and/or its defendant to another...
. On July 24, 2008, Judge Douglas Daily of the Ventura County Superior Court ruled that McInerney would stand trial as an adult
Trial as an adult
Trial as an adult is a term used to describe a situation when a juvenile offender is tried as if they were an adult.Where specific protections exist for juvenile offenders , these protections may be waived.Sanctions handed down are often harsher than those imposed on...
, with the decision being appealed.
On August 7, 2008, in the same court, McInerney pleaded not guilty to premeditated murder and a hate crime. A preliminary hearing was set for September 23, 2008, which had been rescheduled for October 14, 2008.
On September 23, 2008, the court appointed Willard Wiksell, a lawyer from Ventura, guardian ad litem for McInerney. Previously, McInerney's family took steps to fire his lawyer, William Quest, of the Public Defenders Office and hire the United Defense Group, a criminal defense law firm from Los Angeles
Los Ángeles
Los Ángeles is the capital of the province of Biobío, in the commune of the same name, in Region VIII , in the center-south of Chile. It is located between the Laja and Biobío rivers. The population is 123,445 inhabitants...
. However, the Public Defenders Office filed a petition stating that the United Defense Group might not have McInerney's best interests in mind.
On October 14, 2008, after the court received a report from the appointed guardian ad litem, and the court determined that the defendant had not been coerced
Coercion
Coercion is the practice of forcing another party to behave in an involuntary manner by use of threats or intimidation or some other form of pressure or force. In law, coercion is codified as the duress crime. Such actions are used as leverage, to force the victim to act in the desired way...
into changing representation and knew what he was doing, the Ventura County Superior Court allowed McInerney to fire his Public Defender, William Quest, and the Public Defenders Office, and hire the United Defense Group together with attorney Robyn Bramson as his attorneys. The court also denied a motion to gag the defendant's former representatives from the Public Defenders Office from speaking about the case, especially to the media.
On December 8, 2008, Ventura County Superior Court ruled that McInerney, after being evaluated by a psychiatrist and a psychologist, was competent to stand trial. That same day, Scott S. Wippert, of the United Defense Group, filed a legal motion for discovery
Motion (legal)
In law, a motion is a procedural device to bring a limited, contested issue before a court for decision. A motion may be thought of as a request to the judge to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is...
, asking the court to order the district attorney to provide documents to uncover whether prosecutors exercised discretion in sending McInerney's case to the adult court system. On December 29, 2008, Judge Rebecca Riley denied the motion, stating that there was no evidence of abuse of discretion in transferring McInerney from juvenile to adult court.
On January 26, 2009, the preliminary hearing was postponed until March 17, to give McInerney's lawyers time to appeal Judge Riley's rejection of the December motion for discovery. On March 18, 2009, the hearing was once again postponed, when William McInerney, the father of Brandon, was found dead in his living room in the Silver Strand
Silver Strand Beach
Silver Strand Beach is a beach neighborhood within the city of Oxnard, California, United States, that separates Channel Islands Harbor to the north from the Port of Hueneme to the south. The eastern side of the beach is entirely composed of the Naval Construction Battalion Center Port Hueneme...
area near Oxnard after he sustained an accidental head injury
Traumatic brain injury
Traumatic brain injury , also known as intracranial injury, occurs when an external force traumatically injures the brain. TBI can be classified based on severity, mechanism , or other features...
from a fall. Brandon McInerney was granted Judge Riley's permission to leave the juvenile detention facility and attend his father's funeral.
On August 27, 2009, at his arraignment in Ventura County Superior Court, McInerney pleaded not guilty to all charges. The judge, Bruce Young, set the pretrial hearing date for October 23, 2009, and a trial start date for December 1, 2009.
On September 1, 2009, Ventura County Superior Court Judge Kevin DeNoce ruled that the addition of a lying-in-wait allegation to the list of charges was acceptable. The addition of this allegation would automatically mean that the case must be heard in an adult court. The addition was petitioned, and in November the Ventura 2nd District Appellate Court denied the request to overturn the earlier ruling, finding that the District Attorney’s Office did not act vindictively in adding the lying-in-wait allegation to the murder charge.
On January 21, 2010, the State Supreme Court rejected the petition to overturn the earlier ruling by the Ventura County Superior Court judge.
After a postponement from May 14, 2010, McInerney’s trial was set to commence on July 14, 2010, in Ventura County Superior Court, but was again postponed. A hearing is slated for April 4, 2011, to determine whether McInerney's attorneys will be ready for a trial beginning on May 2. Previous postponements followed motions from defense attorneys requesting recusal of the district attorney, a change of venue
Change of venue
A change of venue is the legal term for moving a trial to a new location. In high-profile matters, a change of venue may occur to move a jury trial away from a location where a fair and impartial jury may not be possible due to widespread publicity about a crime and/or its defendant to another...
, and more time for fact-finding. In August 2010, Ventura County Superior Court Judge Charles Campbell ruled that the trial would proceed in Ventura County with jurors selected from Santa Barbara County On December 6, 2010, Campbell denied the motion for recusal.
A California appeals court affirmed on May 5, 2011, that the juvenile records of the victim, Lawrence King, will remain sealed after a lower court refused the request of the McInerney defense team for the records.
After multiple delays, the trial began on July 5, 2011, with a change of venue to Chatsworth, Los Angeles, California. Multiple previously scheduled dates were bypassed for various reasons, and plans or requests to move the venue or use jurors from other locations in California were not realized.
Trial
On the first day of trial, the half brother of McInerney, James Bing, was admonished by judge Campbell because it was overheard, that Bing went to the jury outside of the courtroom and addressed them. He said: "The fate of my brother is in your hands." Bing was then banned from the courtroom unless he is summoned to testify. The prosecutor depicted McInerney as a popular teenager, who was skilled in martial arts and firing guns as well as being a white supremacistWhite supremacy
White supremacy is the belief, and promotion of the belief, that white people are superior to people of other racial backgrounds. The term is sometimes used specifically to describe a political ideology that advocates the social and political dominance by whites.White supremacy, as with racial...
. She went on to describe King, who was a small guy and had often been picked on. She described that King wore high-heeled boots, makeup and jewelry along with his school uniform to school. Scott Wippert, McInerney's attorney described King as the aggressor, saying he often was sexually aggressive and often made inappropriate remarks, provoking McInerney.
Witnesses who were students and classmates of McInerney testified on July 7th, 2011. One witness said that King told her he had changed his name to Leticia. Another witness said many students made fun of King and called him offensive names behind his back when he came to school wearing makeup and jewelry. A few of the witnesses said that they never noticed King making sexual advances toward other students but that sexual comments he made was "just messing" with McInerney.
The former vice principal of E.O. Green School, Joy Epstein testified on July 11th, 2011. She said she had discussed King's behavior with other school officials of the school district and they decided it was according to the constitutional rights, legitimate for King to wear what he wanted unless it violated the school dress code. Joy Epstein said high-heeled boots, makeup and jewelry were all allowed according to the Oxnard
Oxnard, California
Oxnard is the 113th largest city in the United States, 19th largest city in California and largest city in Ventura County, California, by way of population. It is located at the western edge of the fertile Oxnard Plain, and is an important agricultural center, with its distinction as the...
school dress policy. She said another administrator within the district said that the school must protect the students civil and equal rights. Another teacher testified that pupils had told her King would seek them out and follow them into the bathroom, behavior she considered to be sexual harassment. She was told by Epstein the school could do nothing about the behavior.
On July 22, 2011, the jury was shown footage of a video in which McInerney was fighting in the Ventura County Juvenile hall, where he currently lives. One of the corrections officers, testified that the defendant was a "good kid" in the honors program for good behavior and had relationships with people of different backgrounds and origins. He said that within the juvenile hall environment fighting was a routine occurrence and that McInerney was not prone to violence as the prosecution alleged.
Dawn Boldrin, an English teacher had testified and said she counseled King and told him he should not wear attention-getting clothing if he did not want to receive negative attention. She also gave the teen, who was exploring his sexual and/or gender identity, a strapless, green, chiffon gown. She meant for him to wear it outside school. A photo was shown of Larry King holding up the dress and many people in the courtroom were crying. Greg King, Larry's father became upset and gathered his family to leave, but before doing so, Dawn King, Larry's mother, swore at Boldrin's 13-year old daughter and a relative. The judge later barred Dawn King from the remainder of the trial. Because the school administrators were allowing King to wear whatever he wanted as long as it did not violate the dress code, the defense was arguing that this allowed King to sexually harass McInerney.
The trial ended without a verdict and was declared a mistrial by the judge, Ventura County Superior Court Judge Charles Campbell, on Thursday, September 1, 2011, after the jury reported that they were hopelessly deadlocked and unable to reach a unanimous verdict. There were eight weeks of testimony with almost 100 witnesses, and the jury had been deliberating since August 26, 2011. The jury had taken four votes and the last vote was split between seven jurors voting for voluntary manslaughter and five jurors voting for either first-degree or second-degree murder.
Second trial
On September 2, 2011, the district attorney's office announced that they intended to retry McInerney, and a hearing was scheduled for October 5, 2011. For the second trial, the prosecutors dropped the hate crimeHate crime
In crime and law, hate crimes occur when a perpetrator targets a victim because of his or her perceived membership in a certain social group, usually defined by racial group, religion, sexual orientation, disability, class, ethnicity, nationality, age, gender, gender identity, social status or...
charge.
On November 21, 2011 McInerney pleaded guilty to second-degree murder, voluntary manslaughter and use of a firearm. He will receive 21 years behind bars, with no credit given for time served prior to the trial and no credit will be given for good behavior. He will initially serve his sentence in a juvenile facility and then transferred to prison upon turning 18.