The attorney for a 14-year-old boy who is charged with the murder of a classmate at E.O. Green School in Oxnard said he will consider filing a change-of-venue motion because of publicity the case has drawn.
Attorney Brian Vogel said this is a "routine consideration" by lawyers defending criminal cases that generate a lot of media coverage.
Vogel, whose client, Brandon McInerney of Oxnard, recently turned 14, said the case has drawn "tons of press" coverage after the killing of 15-year-old Larry King.
King was shot Feb. 12 and was pronounced brain-dead the next day.
Vogel said a handful of considerations are involved in determining whether a change of venue should be granted. They include the nature and gravity of the crime, the nature and extent of the media coverage, and other factors. He said the overriding consideration is whether a defendant can get a fair trial in the community.
The District Attorney's Office decided to prosecute McInerney in adult court because the law allows it for juveniles as young as 14 who are accused of serious crimes, officials said.
McInerney is scheduled to be arraigned on March 21 for premeditated murder with hate-crime and firearm-use enhancements.
I have no words for how I feel today. Not only was a 15-year-old boy shot in the back of the head by someone who hated him because he was gay, because he was not masculine, because he wore jewelry and makeup, but also a 10-year-old boy hung himself in England.
He wanted to be a girl. He wanted to wear his sister's clothes and makeup. His mother let him wear girl's underwear but told him he'd have to wait till he was older to wear makeup.
Of course, by then it could get him killed.
The message of hate is getting through to our kids, loud and clear. It's okay to kill someone who freaks you out because they don't fit a gender role to your liking.
That is, if they haven't killed themselves.
Ten years old and full of so much shame he hung himself. Is anyone listening?
In my LGBT community, we argue about who is more pro LGBT rights, Obama or Clinton.
It's been days since Lawrence King was shot dead. Neither candidate has issued a statement or said a word. The national media has done a complete pass on the story.
Both candidates make me sick.
Blogger Mike Rogers, wrote earlier, the "reality is such that if either of them said the same things about woman, Blacks or Jews, they would never be elected president. Imagine Hillary not promising to immediately lift a ban on women serving in the armed forces. Imagine Barack saying we'll have a separate (but equal) institution of civil unions for Blacks."
While the gay community has been blazing for days about this incident, the rest of the country dozes on, reading about Michelle Obama's wardrobe choices on the campaign trail, or Roger Clemens lying his ass off on Capitol Hill.
Because this is the one kind of hate no one seems to be willing to stand up against. Let's not offend anyone who believes Jesus was anti-homosexual. Careful not to send a message of tolerance to young children in case they find some condolence in that message and face another day.
Don't worry. I get the message, loud and clear.
Just one more dead faggot.
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(Oxnard, Calif.) – Prosecutors filed a charge of
murder with hate-crime and firearm-use enhancements Thursday against a
14-year-old boy who will be tried as an adult in the school shooting of a
classmate who has been declared brain dead but remains on a
ventilator.
The charge against Brandon David McInerney was upgraded from
attempted murder after authorities learned that victim Lawrence King's condition
was not survivable.
“When we got confirmation that he in fact was brain
dead, there's state law in California that says that's good enough,” said
Ventura County Senior Deputy District Attorney Maeve Fox.
The murder
charge carries a maximum penalty of 25 years to life, with an additional maximum
of 25 years for the firearms enhancement and an added one to three years for the
hate-crime enhancement, Fox said.
McInerney made his initial court
appearance Thursday afternoon, but his hearing was continued until March 21. He
was ordered held on $770,000 bail.
A message left seeking comment
Thursday from McInerney's lawyer, Brian A. Vogel, was not immediately
returned.
The felony complaint filed by prosecutors did not contain the
reasons they were seeking a hate crime enhancement, and Fox said she could not
reveal them.
Oxnard police have not specified a motive but said there
appeared to be a personal dispute between the two.
Several classmates
have said King would wear feminine attire, making him an unpopular figure with
other boys at his campus.
King sometimes came to school wearing makeup
and high heels, eighth-grader Nicholas Cortez, 14, told The Associated
Press.
Another eighth-grader, Michael Sweeney, said King's appearance was
“freaking the guys out,” the Los Angeles Times reported Thursday.
“He
would come to school in high-heeled boots, makeup, jewelry and painted nails –
the whole thing,” Sweeney told the Times.
King was shot in the head
Tuesday morning during a class at E.O. Green Junior High in Oxnard, police said.
More than 20 other students were in the room at the time.
Police said a
handgun was used in the attack and the 14-year-old was quickly arrested near the
school.
King was pronounced brain dead at St. John's Regional Medical
Center on Wednesday, Ventura County Senior Deputy Medical Examiner Craig Stevens
said.
Doctors planned to remove some of his organs for donation, Stevens
said.
“I think that's what he would have wanted,” King's father, Greg
King, told the Ventura County Star.
Lawrence King had been under the care
of the county foster care system and lived at Casa Pacifica, a nearby center for
abused and neglected children, said Steve Elson, the facility's chief
executive.
“We're are all stunned and it's just an unspeakable tragedy,”
Elson said Wednesday. “This is a very big traumatic experience for all of us.”
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