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Arraignment In Oxnard School Shooting Postponed

Prosecutors Want McInerney Tried In Criminal Courts System

POSTED: 7:45 pm PDT June 12, 2008
UPDATED: 8:05 pm PDT June 12, 2008

An arraignment in the case of Brandon David McInerney, an Oxnard teen accused of fatally shooting a classmate, was postponed Thursday, officials said. Where McInerney will be tried is at the heart of the delays, as prosecutors want it moved from juvenile court into the criminal courts system.

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Public defender Willy Quest said if his client, McInerney, would be tried as an adult, it would be a violation of the boy's Eighth Amendment guarantee against "cruel and unusual" punishment.

"If he's convicted of the charges, he could be sent to 51 years to life in prison," Quest said.

McInerney's family was at the Ventura Courthouse Thursday, but did not comment to reporters.

McInerney is charged with shooting 15-year-old Lawrence King in February. Reports later surfaced that an alleged hate crime may have occurred, as witnesses at EO Green Junior High School said King had told friends he was gay and often wore lipstick and feminine clothing to school.

Quest said that some of the case might revolve around his client's response to King's behavior, which he said was the response of an immature teen. McInerney's behavior was that of a typical 14-year-old, immature and impulsive, Quest said.

The case has generated nationwide attention, as an example of schoolyard anti-gay bullying which led to a violent and tragic conclusion.

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