Mistrial declared in CA gay student killing trial
A judge declared a mistrial Thursday after jurors failed to reach a unanimous decision on the degree of Brandon McInerney's guilt for killing 15-year-old Larry King....
Ventura County prosecutor Maeve Fox did not comment after the trial. She contended McInerney embraced a white supremacist philosophy that sees homosexuality as an abomination. Police found Nazi-inspired drawings and artifacts at his house, and a white supremacist expert testified the hate-filled ideology was the reason for the killing.
Fox also argued the attack was premeditated, noting at least six people heard McInerney make threats against King in the days leading to the shooting.
She said McInerney told a psychologist hired by defense lawyers that he wanted to kill King after he passed McInerney in a school hallway and said, "What's up, baby?"
"He's basically confessed to first-degree murder in this case," Fox said during her closing argument.
But if he claims that the victim made a gay pass at him, then he can go free.
Prosecutors now have to decide whether to re-file the charges.
(Photo of murder victim Lawrence King)