Teen gets 21 years in prison for killing gay classmate

[Blue_Tires]

A teenager who fatally shot a gay classmate in the back of the head at an Oxnard middle school was sentenced Monday to 21 years in prison.

A Ventura County judge issued the sentence a month after Brandon McInerney agreed to plead guilty to second-degree murder and voluntary manslaughter in the death of classmate Larry King.

McInerney was shackled during the sentencing and handcuffed as he was led from the courtroom.

McInerney, who was 14 when he pulled a gun out of his backpack and shot King two times at point-blank range, will be kept behind bars until he is 39 under the terms of the deal struck by Ventura County prosecutors.

In an unusual arrangement, the 17-year-old pleaded guilty to the charges after the judge declared a mistrial in his first trial. In return, prosecutors agreed not to go forward with a second trial, which could have resulted in a life sentence.

http://latimesblogs.latimes.com/lanow/2011/12/teen-gets-21-years-in-prison-for-killing-gay-classmate.html

[HughBeaumont]

1. Wow. Gee, sure hope that hatred was worth it.

What do you say to something like this? That bad people are a rarity in our society?

America needs to get the fuck over it's homophobia and racism. Two poisons that are going to be the death of us.

[Blue_Tires]

2. I wonder how much of his hate was learnt from home

[arbusto_baboso]

26. A lot of it. I live in Oxnard and....

McInerney's family are known to be ignorant, racist haters.

[Blue_Tires]

29. Thanks for the insight...

I'm guessing growing up in that environment was taken into account in shaving a few years off the sentence

[tblue]

32. Ugh. The kid was doomed then.

He learned it from his family. I have mixed feelings about the sentence, because the kid was only 14. But I guess that's old enough to know better. I mean, he wasn't 8.

How sad for all involved, especially the poor murder victim.

He will never be the same this McInerney.

[Versailles]

3. What is truly sad about this

I have a feeling that this young man will not learn much from his hate. While in prison he will more than likely find like minded individuals who will continue to cultivate his hatred. It has been my experience when I was teaching high school, that many teenagers in that 15-19 range in particular, tend not to see punishment as a result of their choice of action, but place blame on others around them - either blaming their punishers, victims, or anyone else who with the thinnest thread of faulty logic could be at fault.

[hang a left]

4. Could go another way.

That is a long time to think about your life and your actions. Though I believe that the article is incorrect, and he will serve 85% of that sentence and he will do abut 17 years, give or take. That is an appropriate sentence and hopefully he will turn his life around.

on edit: he has been incarcerated since the age of 14, so he will be about 31 or 32 years old when he paroles.

[enlightenment]

5. Just out of curiosity,

why do you feel 17 years 'give or take' is appropriate?

I'm not trying to bait you - I'm honestly curious. I do not agree with you; I believe that the murder of another human being in such a premeditated and willful way should result in lifelong imprisonment, so I am interested in why you feel that the sentence as it will play out is acceptable.

[hang a left]

19. Because he was 14 at the time of the crime.

I agree that the crime was heinous and had he been an adult I would absolutely agree with a life term.

[Mr. Sinister]

6. His hatred of gay will make it very prominent in his life

I have to imagine a 17 year old man stuck in prison for 20 years with only men will have a lot of time to learn very intimately about gay sex. Ironic for him and horribly sad for everyone.

[Cal Carpenter]

7. 'Prison rape' is not the same as 'gay sex'

Just saying.

[Mr. Sinister]

10. of course

I meant gay sex in its broadest possible definition -- sexual activity, consensual or otherwise between people of the same gender. And it doesn't even have to be about rape. My own experience of homophobia is that it has often comes from people with some confusion around their own sexuality. That which he was trying to destroy maybe be an intrinsic part of him.

[Bucky]

27. Contrary to common snickering ignorance, prison is not one running rape-orgy

First off, it's cruel and illiberal to see any irony in someone, even a killer, getting sexually assaulted. He's a bad person and deserves to be punished. He's basically losing his youth. That's an appropriate punishment. But dragging in the old canard about anal rape in prison as a part of that punishment is an insult to the values that most of us on this board believe in. Secondly, it doesn't happen as much as you imagine.

I hope you eventually come to see that jokes about prison rape are also nothing to be smug about. It's a hurtful subject that far too many people, both on this board and in the larger society. It's not a fit subject for humor or snarky asides. In a better world, prison would be a place where we reformed those criminals who can be reformed. In a better world, abuse would not be part of the punishment meted out to even the worst criminals.

[Mr. Sinister]

33. I wasn't trying to laugh at this misguided child's misfortune

As my other post indicated. I'm sorry if I offended you but I don't need to be schooled in prison rape or common humanity. Whatever point I was trying to make was inelegantly done and again sorry. You can see I don't post often though I've supported DU for almost 10 years. I don't like being the focus of anger from people who are trying to beat decency into those around them.

[Mr. Sinister]

34. And to reiterate my previous point

Last edited Thu Dec 22, 2011, 09:16 PM - Edit history (1)

I wasn't speaking about rape (perhaps you are straight so that is the only way you can imagine men relating sexually in prison).

[uppityperson]

37. There have been quite a few prison rape jokes on DU over the yrs and most posters don't like them

irregardless of their own sexual orientation. For instance, I am female and hetero, but will alert on any prison rape jokes I see because rape isn't funny. Whether between people of similar or different sexes, whether between partners, family, acquaintances, strangers, in prison or out.

I also find your "perhaps...." in this post offensive also as it implies a lot about someone you know not much about, in a very negative way. It implies that someone who thinks a comment is about prison rape can only imagine men relating sexually by raping each other. I do hope that wasn't your intention. Please tell me if it was or not. I'd rather not assume. Thank you.

[Mr. Sinister]

38. Thank you for asking instead of assuming

I wrote that in anger which is not a good way to interact with the world. I never ever used the words rape or prison rape. But every one responding to me has and just assumed that was my reference and that I'm some monster who exults in the misfortune of others. I have to say the rape aspect didn't really occur to me explicitly. I just was thinking of being in a situation where you are with men and only men during the majority of your sexual maturity.

Thanks for your relatively gentle response. I've learned my lesson. Calm and peace of mind are not cultivated by engaging in casual conversation (digitally no less) on painful topics.

[joeglow3]

8. Why should a 14 year old serve 17 years in prison?

I have a hard time saying this person is beyond redemption and deserves the same sentence a 24 year old would get for this. Clearly, he needs help and is young enough that he can get it. Unfortunately, our justice system is more concerned with punishing people than it is with helping them. I agree with the poster above that we have all but ensured this person will come back to society a much worse person in his 30's.

[JI7]

9. because he killed another kid on purpose and was old enough to know that isn't ok

[joeglow3]

14. What age is that line crossed?

You seem fairly certain of your view, so at what age does the line start to blur for you?

[JI7]

17. i don't know, but once in the teens for sure

[joeglow3]

18. So, death penalty for a 13 year old is no worse than for a 30 year old?

I am not discussing the merits of death penalty as an issue. I am just wondering if there is any difference in executing a 13 year old versus a 30 year old.

[JI7]

20. i don't support the death penalty, i'm talking life in prison or more years . at the very least the

years he got are not too harsh or bad at all considering what he did.

[Xithras]

11. There's a deep schism among Democrats as to the purpose of prison.

Some of us believe that the point of prison should be rehabilitative. To set people on the right track, offer them the psychological help they need to correct any dangerous worldviews, to train and educate people as needed so they will have the skills to become contributing members of society, and to help treat any addictions that might be behind their behaviors. The point of prison is to make "bad people" better.

Others take a narrower view and believe that the primary purpose of prison is punitive, and that people should be sent to prison to enforce "justice" for their crime. To them, rehabilitation is secondary to causing the prisoner discomfort...it's a form of societal "revenge" for the persons crime.

In my book, this is one of the many dividing lines between people who are merely Democrats, and those who are actually liberal Democrats. One cannot be a "liberal" while simultaneously calling for vengance on a teenage boy. Few people, and even fewer teenagers, are beyond rehabilitation.

[LiberalAndProud]

12. A question for you.

"Few people, and even fewer teenagers, are beyond rehabilitation."

On what evidence do you base this opinion? Is this simply a general view of human nature or is there evidence that rehabilitation could be successful more often than not? If we could offer a path to social redemption, what would it be? And what to do with diagnosed sociopaths? Currently there is no treatment that has proved effective, to my knowledge.

It seems to me that once a person has crossed the line to willfully and with malice take another human life, there is little that will bring them back from the brink. I am, however, open to argument and evidence to the contrary.

[joeglow3]

13. Question for you

If the person was not trained to be the way he is (which leads you to believe they could also be untrained), then the cause is beyond their control. How can you punish someone for something that was beyond their control.

Said differently, it comes down to the nature versus nuture argument. If it is because of nuture, you can redeem them. If it is because of nature, how can you punish them?

[LiberalAndProud]

15. "If it is because of nature, how can you punish them?" Are you arguing for absolute arnarchy?

Should there be no consequence because the perpetrator is, arguably, not responsible for their behavior?

"If it is because of nurture, you can redeem them." Am I wrong in my understanding of human development, that neurological pathways develop early in life; miss the window, miss the opportunity to create those pathways?

I truly am not concerned for punishment. I don't see the point of it, except as is pertinent to deterrence. I do think we need to protect society from those who have proven themselves dangerous to others. I don't know of a way to accomplish that except by imprisonment. I would be open to ideas that don't include killing. I don't think the state should be in the business of killing.

[thucythucy]

16. A third purpose of incarceration

of violent offenders is to protect other innocent people from becoming victims of similar crimes.

We're not talking here about someone who lost control in the heat of a moment, injured someone, and needs anger management and better social skills. Unless I'm mistaken, this is someone who evidently brought a loaded gun into his school with the express intent of shooting his classmate, presumably unarmed, without warning, and without provocation, entirely because the kid was gay. Please correct me if I've misread the case.

Even if it were possible to rehabilitate such a person--and I don't have enough information or the confidence to say it either is or isn't--I certainly wouldn't want such a person out in the general public until such time as whatever rehabilitation is available could be demonstrated and demonstrated conclusively to have worked.

This isn't a question of "vengence." It's a question of protecting myself, my family, and whoever else this person decides is beneath his contempt and thus deserves summary execution.

While he is incarcerated I of course would want his human rights respected. This means that every effort should be made to protect him from violence, and offer him humane treatment. But I would also like to keep him away from any other kids, gay or otherwise, he might take a notion to murder.

Hopefully, if nothing else, his time in prison will accomplish that. Hopefully too, by the time he's released he will have come to understand what a horrific thing he's done, at which point he'll have an opportunity to make amends, as inadequate as they might be.

This is a tragedy, not only for the victim, and not only for the perpetrator, but no doubt for a whole constellation of family, loved ones, friends, not to mention the kids who witnessed the crime and will be traumatized forever. Two lives at least completely shattered, one them irreparably, because of hate.

What a waste.

[Shoe Horn]

23. We could kind of tell which side you were on when you used words like 'narrower view', 'merely

Democrats' Etc.

And the 'more liberal than thou' argument doesn't really hold water for me personally either.

"Few people, and even fewer teenagers, are beyond rehabilitation."
Few people, and even fewer teenagers, shoot people in the back of the head.

In the end, I don't see this as narrowly as you.
I think there can be two purposes to prison existing side by side.
I guess some Democrats are truly tolerant Democrats. One are merely pretending...
and make important issues Either/Or... Black/White ...Us Real Democrats / Fake Democrats issues that divide us into weaker subsets.

At least that's my 'narrow' view on it.
Having been a victim of violence, I may be less inclined to dismiss justice
with a rhetorical flourish online.

[Bucky]

30. Interesting distinction

I would argue that punishment isn't vengeance. There are people who are only looking for revenge, who are thus only operating out of emotional reaction to the horrors of any particular crime. I can't agree with them ever. Justice needs to be dispassionate. But neither do I think that the only purpose of prison can be reformation. It's a nice idea and it absolutely needs to be in the mix of what happens to an individual while they are incarcerated--and to far more of an extent than what happens now. But the main purpose should be to mete out impartial punishment, to physically restrain the freedom they've abused by victimizing others.

Drug offenders, of course, are better suited for the reform end of the spectrum. They need to be sobered up and most don't need to be incarcerated at all. But then, this thread isn't about the idiocy of the War on Drugs. From what I get from my friends who've actually worked in the prison system, inmates in for violent and property crimes aren't a good population for trying to actualize the "perfectibility of man" on. There's a kind of sociopathy that goes on in the head when someone decides they can shoot or rob someone else and that kind of thinking takes time to be unprogrammed. But the harm to society outside of the actual loss of life, limb, or property also demands a punishment. People who make society less civilized should lose some of the benefits of society.

This is what we mean by paying a debt to society. I don't think this is at odds with the view that criminals should be reformed, but it is a separate consideration. I can see how it seems arbitrary, of course, but a 13 year old who murders a 14 year old shouldn't be allowed to walk on the streets until he's in his 30s. In that mean time, he probably ought to go through a whole lot of re-education.

[MicaelS]

35. I notice not one word about the murdered victim or his survivors..

Where does Larry King or his family fit in your worldview? Do they even exist? Or is all your empathy reserved only for those you apparently view as the "real victims", i.e the one's sentenced to prison for crimes?

You're damn right "there's a deep schism among Democrats as to the purpose of prison". Actually there's a "deep schism" among those with your worldview and the rest of American society.

[EFerrari]

39. It's usually the right that claims that if you empathize with an offender

you must hate his victims, as if empathy came in a tube like toothpaste and there's only so much to go around. Which is hooey, of course.

[Shoe Horn]

22. Because sentencing is not all about the criminal, it's also about the victim's sense of justice...

...or the surviving members of their family, in this case.


Also, about keeping society safe.

[Blue_Tires]

24. Actually, 17 is pretty light for premeditated murder

in front of a class full of witnesses...(although the charge did get bumped down to second degree)

Lest you forget, up until recent years in most states, this kid would only have gotten juvie until he was 18.

[Bucky]

31. unless...

... he was not white. Minorities generally get harsher treatment for equal crimes and minority kids are more likely to get bumped up to adult than whites.

[mainer]

25. There's a reason we have separate juvenile and adult justice systems

at 14, the human brain is not fully matured and impulse control is still developing. I think, for a 14-year-old, this is not an appropriate punishment.

[Douglas Carpenter]

28. agree. There is a reason why we have age of consent laws for sex. There is a reason why a 14-y/o

cannot buy alcohol. There is reason why a 14 year-old cannot drive a car. There is a reason why a 14-year-old cannot quit school and get a job and live on their own. And there is a reason why we have separate juvenile and adult justice systems.

[UndertheOcean]

21. Only 21 years ? n/t

[mactime]

36. How pathetic.

Sending 14 year old's to prison for 21 years? It boggles the mind.