Please read the following opinion piece from the Ventura County Star…
14-year-old Brandon McInerney: Ventura County’s sacrificial lamb
VenturaCountyStar.com
By Michael Mehas
Michael Mehas discusses the case with Ventura County Senior Deputy District Attorney Maeve Fox.
It’s too bad for Brandon McInerney that he wasn’t born 19 days later. If he had been, we probably wouldn’t be talking about him right now. The 14-year-old Oxnard boy would be just another kid we read about in the newspaper, charged with murder, tried in the California juvenile court system. He’d then be sentenced to the California Youth Authority, where attempts at rehabilitation would be made. And, if successful, Brandon would one day be released back to society as a new man, one who had paid his debt for sins committed when he was a child.
Unfortunately, for Brandon, this is not the case. There will be no efforts to rehabilitate. Because Brandon is being tried as an adult, and if convicted — which appears assured — he will spend the rest of his life in a California men’s adult prison.
The charges
There are so many things wrong with this case that it is difficult to know really where to begin. But, we’ll start with what took place two days after Larry King’s murder. That’s when Ventura County District Attorney Gregory Totten chose to charge Brandon as an adult. Totten had a choice. He could have charged Brandon as a juvenile, and he could have charged Brandon differently than he did. But, instead, the district attorney chose to charge Brandon with one count of murder and two enhancements, use of a gun and hate crime, which painted Brandon into a desperate legal corner.
The prosecutor knew the basic facts of the case before the charges were made. He knew Brandon had taken the gun to Oxnard’s E.O. Green Middle School and shot classmate Larry King in front of many youthful witnesses. He knew he could prove the elements of his case and bring a swift guilty verdict against Brandon, whether he charged him as an adult or a juvenile.
As charged in adult court, if found guilty, Brandon will be required to serve the next 51 years of his life behind bars. That’s because count 1 carries with it a mandatory minimum of 25 years to life with no possibility of parole. The gun enhancement carries a mandatory minimum of 25 years with no possibility of parole, followed by a life sentence. The hate-crime enhancement carries a one- to three-year consecutive term. That adds up to 51 mandatory minimum years Brandon will serve.
He will not be eligible for parole until he’s 65. And since he’ll be spending his time in a place where children are regularly beaten and raped, and their lives are often ended with suicide, this basically amounts to a death sentence for a 14-year-old child.
No chance at redemption
Because of the way the prosecutor charged the case, Brandon’s age, domestic circumstances and the situation of Larry King’s sexual advances become irrelevant to Brandon’s case. There will now be no reason to consider the fact the defendant was so young when the crime was committed, that if he were 19 days younger, he would be legally unfit to be tried as an adult. There will be no mitigating circumstances to consider. The court may never hear the facts regarding how Brandon appeared crazed by his victim, a teenager himself who was admittedly gay, who teased and taunted Brandon, which humiliated the 14-year-old in front of his fellow students. There were reports that Larry’s behavior had caused problems with other boys as well.
Brandon, who had many of his own issues regarding his domestic life, never gained the skills necessary to cope with the stress of this situation. And, to exacerbate matters, it appears school officials, who were aware of the situation between the two boys, failed to move aggressively to quell the rising tensions. Instead of counseling the victim about his behavior, and Brandon, too, witnesses claim school officials appeared more intent on nurturing Larry as he explored his sexuality. They allowed him to come to school wearing feminine makeup and accessories and they downplayed the turmoil that his behavior was causing on campus.
So, Brandon took the matter into his own hands in the only way he knew how. He got a relative’s gun, took it to class with him, and shot and killed Larry. Pure tragedy every step of the way. The only factors that seem to matter to the district attorney.
The prosecution
May 8, Catherine Saillant wrote in the Los Angeles Times that Totten said he was “open to further discussion on trying McInerney as an adult.” This posed great hope that the Ventura County district attorney possessed ambivalence about the way he charged Brandon; that Totten wanted to hear what the public had to say about the matter and that there was a chance he would still do the right thing, and try Brandon as a juvenile.
This thought was shattered when I met with Senior Deputy District Attorney Maeve Fox, who’s responsible for trying Brandon, the week before last, after the hearing. Fox iterated that she filed the charges against Brandon as she believed the law required her to charge. In other words, Fox was taking full responsibility for charging Brandon as an adult, for essentially handing this 14-year-old a death sentence, and there was no need to hear from the public on the matter. What was done was done, and that’s that, public outcry or not.
Brandons everywhere
The sad part about all of this is that there are Brandon McInerneys all over our country. According to Human Rights Watch, at least 227 people, who were under 18 at the time they committed their crimes, have been sentenced in California to life without the possibility of parole. In the United States, at least 2,380 people are serving life without parole for crimes they committed when they were under 18.
In the rest of the world combined, only seven people are known to be serving a life sentence for crimes committed when they were juveniles. International law prohibits the use of life without parole for those who are under 18. The United States is in violation of those laws.
Limited culpability
The reasons children should not be given life sentences are quite simple. As the U.S. Supreme Court ruled in its landmark 2005 opinion in Roper vs. Simmons, it is unconstitutional to impose the death penalty on criminals for offenses committed when they were younger than 18. The court ruled that doing so violates the Constitution’s Eighth Amendment prohibitions against cruel and unusual punishment.
“Their own vulnerability and comparative lack of control over their immediate environments,” the court majority reasoned in Roper, “mean juveniles have a greater claim than adults to be forgiven for failing to escape negative influences in their whole environment.”
This same rationale that led the court to outlaw the execution of juveniles applies equally to the second-harshest penalty available to our justice system, life without possibility of parole. The vulnerability and immaturity — and thus, the diminished culpability that the high court recognized in banning the death penalty for juveniles — are factors equally present for juveniles facing life sentences.
Yet, in this case, that didn’t happen. Brandon is going to stand trial in adult court, and he is going to pay severely for what he did. Though considered too young to buy alcohol or cigarettes, sign rental agreements or vote, he will be held to the same degree of culpability as an adult, and face adult penalties, and he will go to prison for the rest of his life.
Trying Brandon as an adult does not serve us in terms of bringing justice to the issue. What would bring justice was if Brandon were given the chance to mature and learn socially acceptable behavior. But, if he must be charged in an adult court, then levy him with charges that would allow a judge to consider his age, his personal-life situation and the circumstances surrounding his crime. These mitigating circumstances are certainly more relevant than the Ventura County district attorney considers them to be.
— Michael Mehas of Ventura is an attorney, associate producer of the film “Alpha Dog” and author of the novel “Stolen Boy,” both based on Jesse James Hollywood, who faces the death penalty in Santa Barbara for allegedly orchestrating the murder of 15-year-old Nicholas Markowitz. Mehas can be reached at www.michaelmehas.com.
For more on Brandon McInerney please read related articles:
- Larry King, Another Stolen Boy
- Brandon McInerney, Our Sacrificial Lamb
- Brandon McInerney is Worth Saving
- Brandon McInerney’s Legal Court Brief for July 24, 2008
- Let’s Not Destroy Brandon McInerney
- Another child is dead: So, how should we respond?
13 Comments
Brandon McInerney is a sacrifical lamb? No!! that appellation would perhaps be more appropriately applied to his victim. What Brandon McInernery is is a cold, calculating, premeditated murderer. He committed the crime of an adult, likely knowing the consequences of his action. Yes, his mind may have been clouded by hate and bigotry, but it was clear enough to plan the expression of his murderous fury.
I do think it is sad that Brandom McInerney’s normal life may be over, that his home until he dies may be a prison cell. But at least he will have a life. He selfishly and cowardly took Larry King’s life. The jury may take some aspects of McInerney’s life and elect not to impose a life sentence upon him, and I will accept. That is their prerogative and their duty to find him guilty and to impose upon him the sentence they feel to be appropriate.
Whatever happened to “all men are created equal and endowed with certain inalienable rights?” What about freedom of expression? Brandon McInerney stole Lawrence King’s right to life, liberty, and the pursuit of happiness. For this and the other offenses listed above, he must now face the judgment of his peers. I acknowledge the pain of the King family, who must deal with the indescribable pain of losing someone so young to someones so callous and filled with hate, malice and murderous rage. However, I also acknowledge the pain of the McInerneys. They to have lost a young member of their family, though in drastically different circumstances. Was it his family that filled him with that hate, bigotry, homophobia, malice? Who else may have taught him similar sentiments, or they may have been the primary purveyors of such venomous feelings.
Brandon McInerney is a murderer, first and foremost. He is not them victim, not a “sacrificial lamb” in no way was any of this forced on him. He took it upon himself when entered the computer, drew the weapon, and fired the bullets that ended Larry King’s young life.
Disrimination against gay persons must stop, as must all other forms of discrimination. People must be allowed to express themselves in the manner in which they feel comfortable – to express their sexual orientation, which is NOT a choice, but as much a part of their genetic makeup as hair color or temperament. So long as hate exists towards one person o one group by any other person(s) or group(s) the rights of all of us are is dangers. If gay people can be vilified, what about Muslims, people with disabilities, and many and sundry others. Discrimination is never acceptable in any situation, against any person or group, for any reason.
Help end the cycle of hate. Stop judging others by what is “normal” to you. Accept that there is a great panoply of persons in this world and they are all to be welcomed and cherished, not hated, assaulted, killed, made the butt of a joke. Resolve to accept them for who they are and celebrate the great diversity of our species. Resolve not to hate, and our great nation will finally achieve those noble words enshrined in our Constitution.
Steven McWilliams
310 2d St SE #1513
Minot, ND 58701
Your words are very powerful, Mr. McWilliams, and we all appreciate your ability to keep a cool head when expressing your opinion. I too feel the deep pain Larry King’s family must feel. I pray every day they will find the tools to move forward in their lives. There’s nothing we can do to bring Larry back, but there is plenty we can do to help try to heal all the survivors, and that does include Brandon.
Michael Mehas
This sure seems to be a slippery slope.
However, I disagree that Brandon is a “sacrificial lamb”. I believe that he is “adult enough” to get himself a deadly, adult weapon, premeditate an adult action, plan it and then actually carry his plan out, knowing that the result would be a dead human. That’s an awful lot of adult behavior.
This is one of the most basic examples of right and wrong. Killing is wrong and a 14-year-old knows that. He made an adult decision to take an adult action and must pay the adult consequences.
I also don’t believe that murderers with these circumstances can be rehabilitated, no matter the age. I also think the alternative is not justice. Say he is convicted of a lesser crime. What’s an appropriate punishment – 20 or 30 years? Possibly. 10 years? No way for purposefully killing another human, especially motivated by hate.
It is wrong what was done, but I have know this boy for years before he was born> I was his babysitter and lived with him & his parents. You make it seem like he was just a cold person who want to kill or hate. you could not be more wrong. This kid “Brandon” had a chance to make it in life> was smart and a good kid. Was not in any trouble at all, we should be asking what did the school do to try and prevent this. Again am not saying what was done right, but he should not be sent to death in prison. what does that relly teach, he still a child!
I agree on juvinile punishment for his age.
I do not feel the youth understand the reprecussions. They act out, some more then most. For the moment, didnt think what prison is like and probably didnt know to begin with, what will happen if he pulled the trigger, where would he go? Men will sexually abuse the youth when they get to prison. The same crime that other men are in prison for life for. So why is it ok to sentence youth to a prison with adults whom rape others. Rape is rape, sexual abuse is all a crime. Why allow and promote another crime with the sentence given to children. Hire more people to manage the troubled youth. Impulsive behavior types, angry types. The extreme troulbled individuals, keep them at the juvinile dentention. Which I hear is quite awful as well and is no cake walk… Put him into a mental hospital… not to over medicate, but to assist and provide therapy to get to the reason of the impulsive behavior to act out in violence.
Youth are only raped in prison. The sentence is RAPE… Think about that! Another crime. Justify raping and sexual abuse because someone committed a crime. If their son were Brandon, would they want him in Prison to be raped? Doubt it. It would never happen!
The prosecutors for youth in prisons should say “You are being given a Rape Sentence, you will be sexually abused and beat for the rest of your life in a Violent Prison”. Eventhough, Rape is a violent crime, that does not matter because if you committ a crime we do not care if you are raped everyday forever” Unless it were our kids, we would listen! So if Rape and sexual abuse is ok, then why is there Megans Law? Why are people convicted for many years for the very same crime. It matters! Save the youth…
What they want to do to this boy is tragic. CYA is no walk in the park. Brandon McInerney’s days are numbered in a men’s adult prison if things are not reversed. We can’t have a zero-tolerance society that destroys children who commit violent and deadly acts. Punishment should be meted out as discipline and therapy. There are no other solutions. A death sentence is not the answer for the individual or society at large.
Rehabilitation is a GREAT idea, but in pratical application rarely effective. Another recent case in Ventura County involved a defendant, John Lewis. Lewis killed a man while in his teens, tried as an juevenile, served time as a juevenile, “rehabilitated”, released and killed again, before he was 30. If “rehabilitation” is the answer, then perhaps you should develope a system that “rehabilitates”. Sadly, killers seem to be born killers – some just get started earlier.
I am writing an analysis of 3 different articles pertaining to this case. One happens to be on Brandon as a sacrifial lamb. I read this piece and it is extremely sad that he is being punished as he is. I agree that it is unfair that 19 days is the deciding varient in whether or not Brandon will get another chance at life. Larry did not deserve to die. His embarrassing sexual advances towards the boys at school did not deserve to be punished with death. However, his problematic behavior shouldn’t be left out of the case because Brandon is being tried as an adult. He’ll get convicted either way but in one circumstance he’s aloud to have mitigating evidence and in the other it’s irrelevant? Maybe Brandon felt provoked and felt like it was the only solution to his problems because he was getting teased by his friends and Larry as well. Where is the adult decision making in that? Maybe he doesn’t understand the finality of death? He’s only 14. He’s not an adult. I agree with some of the things McWilliams says but its much more than a hate crime and much more than hate. It was a personal act. He’s not a born killer. He made a mistake and should have to pay but under fair circumstances. Why have two tragedies, two lost lives, when we are very able to fix one? An eye for an eye makes the whole world blind.
At the time of the murder Brandon was 14 years old, not 4. Being lenient on this boy will not deter people from killing others based on their sexual preference. Brandon is a cold blooded killer and needs to be treated that way. He not only took a life and scared a family. Think about all those teenagers that witnessed this horrible event. They will be forced to live with these thoughts forever. I’m a lesbian and hear about hate crimes that occur way too often. It is tragic that a young boys life had to be lost to draw attention to something that is an on going problem. You can’t go around doing as you please because someone pissed you off. My heart goes out to Larry’s family. RIP Larry.
I feel the it is awefully strange that the staff, adults at the E.O. Green school were not held accountable at all what so ever on the contrary they were dispersed to other schools in the county. What is that? The teachers and staff of this school had been witnesses to the previous conflict involving the two boys prior to this incident. I understand that the teachers are not educated in how to handle something lke this. But did they still not get any training before being scattered throughout Ventura County’s schools? So if something to this effect should occur are they not going to take action and precaution that this does not occur again? The teachers need to meet and report sucxh incidents to the parents and if that is not successful then it should be reported to the authorities. This would be wise to do. I sure am sorry that this had happened at all in my home county, it is truely a tragedy to have happened to those in my community, to those that I have known.
It amazes me how many apologists out there want to blame everyone here but the kid that pulled the trigger. I’m sure there’s plenty of blame to go around with the administrators at the school, the victim’s guardians, the killer’s family, etc. The fact of the matter is, Brandon purposefully took a gun to school, walked up to Larry, and shot him in the head. He deserves life in prison. If I supported the death penalty, I’d say fry him.
If every kid who was embarrassed and picked on in high school decided to shoot and kill someone, there’d be thousands of deaths in schools every year. There are NO mitigating circumstances for his actions that warrant killing someone.
how can people accept the gay panic defense? brandon tried to get a group of kids together so they could gang beat up king. He brought the gun to the school in the first with intent to use it. He waited 20 minutes into the class to pull the trigger. He premeditated the murder and yet people don’t think he is mature enough to understand what he did. The kid should get the max sentence. Again i’ll ask this. Why are people willing to accept the gay panic defense. That it was lawrence’s fault because he hit on brandon. By the way apparently lawrence apparently only started to hit on the boys after months of them calling him “faggot”. It was his way to get back at them for it.
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