Prosecutors in California are seeking a new trial for a teenager who shot his gay classmate dead.

Last week, a mistrial was declared in the case of 17-year-old Brandon McInernery, who admits killing 15-year-old Larry King in 2008.

Jurors could not decide whether he was guilty of first or second-degree murder or voluntary manslaughter.

Ventura County Chief Assistant District Attorney James Ellison told Associated Press last week that his office will ask Judge Charles Campbell to pick a date for a new trial.

McInerney was 14 when he shot King in the back of the head during a lesson at E.O. Green Junior High School in Oxnard, California, in February 2008.

He denied murder but admitted manslaughter, claiming that King, who wore make-up and women’s clothes, had provoked him and he killed the other boy without thinking about what he was doing.

The prosecution argued that the killing was a hate crime.

Testimony focused on a motive for the killing and a number of teachers said more should have been done to prevent King from presenting a feminine appearance.