15 Year Old Gay Student Killed, "Gay Panic" Used as Defense

[marmar]

Campus Progress / By Shay O'Reilly

15 Year Old Gay Student Killed, "Gay Panic" Used as Defense
The slaying of Lawrence King has alarmed gay rights activists and led to demands that middle schools do more to educate youngsters about discrimination.

September 11, 2011 |


Prosecutors are scrambling to arrange another trial for a teenager who shot and killed a gay classmate after the first ended in a mistrial.

Seventeen-year-old Brandon McInerney, then 14, shot 15-year-old Larry King twice in the head in the middle of class. According to a friend’s testimony, McInerney decided to bring a gun to school after King regaled in him the hallway with, “What’s up, baby?” He pulled the trigger shortly after hearing that King was considering changing his name to Latisha.

Jurors had no doubt that McInerney killed King.

What they could not determine was the degree of the offense — was it manslaughter or homicide? The disagreement stems from the defense’s argument that McInerney was responding to persistent advances from King. ..........(more)

The complete piece is at: http://www.alternet.org/reproductivejustice/152370/15_year_old_gay_student_killed%2C_%22gay_panic%22_used_as_defense/

[bluestateguy]

1. This line of defense should not even be allowed in the courtroom

We graciously give even people whose presumed guilt is overwhelming a fair trial, but that should not be abused with bullshit defenses like Gay Panic.

There is still time for McInerney to accept responsibility by pleading guilty and paying his debt to society.

[RKP5637]

2. +1000 +++ n/t

[markpkessinger]

3. It's as bad as Dan White's "Twinkie Defense" n/t

[ThomCat]

6. "He might have liked me?" is reason to kill someone?

:wtf:

You are absolutely right. That should never, ever be allowed as a defense in a courtroom. x(

[flvegan]

4. Homicide coupled with a hate crime.

Pile the charges on the little monster. I hope he dies in prison at a very, very old age. But naturally, a 14 year old won't see that most likely.

[Xithras]

5. And that's a good thing.

We shouldn't be charging 14 year old kids as adults for ANYTHING, and we certainly shouldn't be locking them away for life. That's the kind of authoritarian nonsense we should be fighting against...not supporting on supposedly liberal messageboards.

Under California law, if not tried as an adult, he would have spent 10 years in prison for what he did. We're talking about an action committed by a 14 year old kid, and 10 years is more than enough punishment.

[MADem]

9. Usually, when they are tried as a juvenile, they're out by age 25 for something like murder. NT

[LeftyMom]

12. For premeditated murder?

That kid's not going to walk out of the CYA a functional human being in ten years, and I sure as hell don't want him moving in next door to me.

Yeah, I know he was 14 and he had a shitty childhood and his brain's not fully developed, but children much younger than that are aware that death is permanent, violence is not the solution to school social trouble and killing is wrong. Whatever's broken in his head that he can't figure that out isn't going to work at 24, either.

[flvegan]

13. Sorry, some "kid" premeditates murdering someone as a hate crime

and he can go fuck himself. I always find it borderline moronic to think that at such-and-such a day someone becomes an "adult" because the day before they weren't.

Yeah, were he 8 years old...okay. 14 is near as makes no difference an adult these days.

[dsc]

14. No it isn't

This was a premediated murder by a useless thug. Larry King will never have another birthday. He will never fall in love, get married, or do anything normal people get to do.

[Capitalocracy]

23. I'm going to make an uncharacteristically un-lib point here...

I'm living in a country right now where they very strictly enforce no jailtime for kids under 18. Now, they don't even really do any kind of rehab either, they pretty much just let them loose. And a lot of kids rob and kill people. All the time. It's scary out there here in Buenos Aires.

Now, I'm not saying you're wrong, and I know you're not advocating just letting him go. I'd be open to the interpretation of people who really know about effective corrections in determining the punishment and/or help they give the kid in this case, but I also want to point out it can cause trouble to go overboard in the other direction.

[ZombieHorde]

7. Gay panic is ridiculous. What about Christian panic? White panic?

How many bizarre excuses for premeditated murder are going to allow?

[MADem]

10. So, you shoot the pushy Jehovah's Witness who woke you up and tried to invade your living room....

does a JW panic defense apply?

I think the jury might nullify a case like that....

[flvegan]

15. Okay, hold on...what about "straight panic"? Stay with me here...

Lets say a pretty girl who happens to be a lesbian gets hit on over an over by school quarterback John Whitebread who is arrow straight. She brings a gun to school and blows a barn door out of the back of Johnny's head.

Yeah, let me know how that one turns out.

[markpkessinger]

19. The "twinkie defense" worked for Dan White . . .

. . . the guy who murdered San Francisco Mayor George Moscone and Supervisor Harvey Milk. The result was that instead of being convicted of first-degree murder he was convicted of voluntary manslaughter. For that he served 5 years in prison -- after the premeditated murder of two men.

[unblock]

8. can "poverty panic" be used to justify a mugging?

[FLPanhandle]

11. Tough case.

On one hand, this is premeditated murder.

On the other hand, this is a 14 year old.

I have to wonder how he was raised.

[Odin2005]

16. Anyone who uses "Gay Panic" as a defense needs a sharp kick in the ass.

[NMMNG]

17. ....

What they could not determine was the degree of the offense — was it manslaughter or homicide? The disagreement stems from the defense’s argument that McInerney was responding to persistent advances from King. ..........(more)

Does that mean killing someone is an acceptable response to unwanted romantic advances? Whatever happened to simply saying "I'm not interested" then having the authorities take over if the pursuer wouldn't take that for an answer?

[Recursion]

18. If being come on to by a man were an excuse for a woman to commit homicide...

...very few men would be alive today.

[FLAprogressive]

20. You don't see girls going out and killing straight guys because they hit on them, do you? Stupid.

[Capitalocracy]

21. Let's see... he brought a gun to school to shoot someone...

and then shot them. And we're wondering what the charge is?

But that's a pretty rock solid defense: "Oh, but see, the kid was gay, what can you do?"

[ThatsMyBarack]

22. Whenever the victim happens to be gay...

Seems like justice is never served like it should be, and that royally pisses me off! :grr:

[LadyInAZ]

24. 14 year old has no business at school

with a gun. premeditated or not. he should not have had access or be able to carry gun to school...into the school.... right in classroom... this kid needs help... i know we have laws... but if some type of intervention isn't used... can you imagine when he is an adult and believes he can solve his problems thru use of volience... kids need to be taught somethings are wrong and if they can not resolve it go to the nearest adult to help... not enough child disciple is used in the bring up of kids in this world. to many influences... to many wrong advice... not enough watching.... its unfortunately this has happened... 2 lives has been affected...

[Kurmudgeon]

25. It was an execution, premeditated murder. Try him as an adult and punish him as such.

[readmoreoften]

26. I've been married for 8 years and a strange man grabbed my crotch at a bar yesterday out of nowhere.

And I didn't shoot him.

No more excuses. The right wing is "tough on crime" except when it comes to murdering LGBT folks.