Walking up to someone with a loaded firearm and shooting them in the back of the head is first degree murder, how is that manslaughter? It’s a deliberate act to kill another?
USA law is so confusing.
The DA was probably afraid of another mistrial.
“He will serve the entire 21 years without time off for good behaviour and will not receive time off his sentence for the three years and nine months he has spent in juvenile hall before sentencing.”
This is still a much longer sentence than he would receive in the UK.
Our legal system makes a lot less sense to me. People can murder people in this country and be free a lot sooner.
In the US, the typical sentence for murder is 25 years, frequently with the possibility of early release for good behavior.
As noted, McInerney has already been jailed for 3+ years, and his final sentence is specific about no early release, so it adds up.
There’s a lot of wheeling and dealing in the US criminal justice system. I think the DA offered a deal based on the realities of the facts of the case under US Law.
And to be honest this sentence, a full 21 years without parole in the US prison system, is going to be VERY hard time. In the UK this kid, even if convicted of murder, have been back out in 8 to 10 years.
I don’t much agree with their way of “cutting deals”, but I certainly like their sentencing policies.
This was illegal, he was prosecuted as an adult.
It’s a plea bargain, not unsurprising given the first trial. Yes, I agree with you, it was absolutely a first degree murder but getting a jury to agree to that is the difficult bit (that he had a gun with him shows premeditation, that he fired a second shot seals the deal).
It’s not confusing. McInerney was being sexually harassed by the victim, and dealt with it in a regrettably dysfuctional way.
So, from that I take it you agree that any female student harassed/given unwanted attention by male students because of her looks should be free to walk up, shoot them in the back of the head and then take a second shot, just to be sure?
According to defintion in the USA
First Degree Murder is any murder that is willful and premeditated. Felony Murder is typically first degree.
Second Degree Murder is a murder that is not premeditated or planned in advance.
Of course we do not know the entire case but killing somebody with a firearm taken from their parents sounds like a planned murder and through that is first degree.
The problem seems to have been his age at the time the crime was committed.
It seems that the prosecution were worried that factor would have an impact on any jury when it came to arguing “premeditated”, regardless of the facts.
Anyway, a good stiff sentence, which he will certainly not enjoy.
There is no justice here. He commits blatant murder and only gets sentenced for manslaughter and fire arm possesion.
By not being sentenced with murder his time is likely to be much less than what was given.
Its a travesty. You can not shoot a child in the back of the head, claim he provoked you and get charged with manslaughter.
This will be a story that will haunt me i fear for rest of my life as its so terrible. That poor kid just sat there thinking about life and to have it all ended like that.
Only a monster does that !
Things like this make you really appreciate your partner.
To clarify: From CNN newstory:
Specifically, McInerney pleaded guilty to killing Lawrence King “under the penal code sections for both murder and voluntary manslaughter,” as well as to using a firearm in that crime. He will serve 11 years for manslaughter and 10 years for the use of a firearm, according to the district attorney’s office. His formal sentencing is set for December 19.
“He will serve the entire 21 years without time off for good behavior and will not receive time off his sentence for the three years and nine months he has spent in juvenile hall before sentencing,” the prosecutor’s office said, concluding that he’d then serve nearly 25 years total.
Now the Feds should walk in and charge him with a Federal Hate Crime. That’ll be another 10 years but this time in a Federal Prison.
IMO he should have received the death penalty.
Death is too kind. There is no punishment or suffering for the missery they have caused. Only ones who suffer with the death penalty is the ones who care about the accused.
The criminal is the one who must be made to pay.
And go with him beyond the lines of all civilisation into barbarity? We mourn the loss of that poor boy who he murdered, lets us not be reduced to his level of savagery – but endeavour to make him realise his wrong and dedicate effort to ensure such things do not happen again. He will indeed suffer in prison – but the thirst of revenge is never quenched and in trying to do so we become like him on that awful day.
This is what happens when you bring your kids up in a homophobic environment, the result here is two young people’s lives now destroyed, Larry King dead and his killer Brandon McInerney incarcerated till he is almost 40yrs old, it’s a double tragedy.
As a gay man from the US I find that sentence to be Abhorrent.
It’s eye for an eye.
The boys father was an abusive white supremacist.
Read this: http://kcareyinfante.com/2011/07/09/whos-really-to-blame-the-murder-of-lawrence-king-and-the-brandon-mcinerney-trial/
Certainly McInerney’s father should be held to account for his role in this, inciting his son to such extreme hatred of gays or someone he perceived as gay.
I feel great sorry for this young man. He should be pardoned long time ago for his wrong conduct. On another side, I feel sorry for his victim also. There were misunderstandings between them, and it resulted in tragedy for both.
Yeah, it’s sh*t when people do things wrong as kids and get punished for it for their whole lives. But shooting someone in the back of the head with a gun while they sit defencelessly in class? However young (and he wasn’t too young to have a concience), or messed up this kid was, he murdered another child for no reason other than that they were gay and got on his nerves. You can hardly call that ‘misunderstandings between them’. This was pre-planned, and suggests nothing but hatred. And even if he is sorry and does regret it (which I highly doubt), is the sort of person who’s going to shoot somebody in the head the minute their behaviour/sexuality annoys him the kind of person who should be around other people?
Here is more information about how badly Larry was treated by adults. http://www.thedailybeast.com/newsweek/2008/07/18/young-gay-and-murdered.html
In any other western country, this would make the government re-think their gun laws.