Not guilty. That is the plea of Brandon McInerey, the 15-year-old who will stand trial for the fatal shooting of 15-year-old openly gay classmate Lawrence King. McInerey is accused of shooting King twice in the head at point-blank range during class and prosecutors say that is grounds for a lying-in-wait charge, reports the Ventura County Star.
"McInerney’s lawyers, Scott Wippert and Robyn Bramson, filed a legal motion to dismiss the special circumstance of lying in wait that was tacked onto the felony criminal charges by prosecutors after a three-day preliminary hearing. Attaching a lying in wait special circumstance to a murder charge in a juvenile case, by law, automatically transfers the case to adult court. Wippert and Bramson allege that the district attorney is engaging in prosecutorial vindictiveness by filing the special circumstance.[Deputy District Attorney Maeve] Fox Fox argued Thursday that the defense lawyers’ legal maneuvering is moot because state courts have already decided the issue."
McInerney is being tried as an adult with first degree murder and a hate crime for the February 2008 murder of his classmate, who was biracial, openly gay and sometimes wore makeup and dresses to school. A three-day preliminary hearing last month decided McInerney would stand trial. McInerey has faces 53 years behind bars. The state also alleges McInerey, who was 14-years-old at the time, had close ties to white supremacists and neo-Nazis.
The trial is set for Dec. 1.