A California teenage is to face a retrial over the shooting of his gay classmate.
However, Brandon McInerney, who was 14 at the time of the killing, will now not face hate crime charges.
He is accused of shooting 15-year-old Larry King in the back of the head during a lesson at E.O. Green Junior High School in Oxnard, California, in February 2008.
A mistrial was declared last month when jurors said they could not decide whether he was guilty of first or second-degree murder or voluntary manslaughter.
McInerney admits killing King but denies murder. He says he acted because King, who was openly gay, had teased and provoked him.
The prosecution argued that the killing was a hate crime but, announcing the new trial,
Chief Deputy District Attorney Mike Frawley said prosecutors dropped the hate crime charge “to slim the case down a bit and narrow the focus”.
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.