Unfinished Lives

Teenager Goes On Trial for 1st Degree Murder of Gay Classmate–Finally

Brandon McInerney (l), Lawrence Fobes "Larry" King (r)

San Fernando Valley, California – The notorious execution-style murder of a 15-year-old, mixed race, gender variant student in his computer classroom made national headlines in February 2008–because his alleged murderer was barely 14.  There has been no doubt about the facts of the case. Brandon McInerney allegedly shot his gender non-conforming classmate, Lawrence Fobes “Larry” King in the back of the head while his teacher and dozens of his horrified classmates looked on in disbelief. McInerney had breathed threats against King to other students prior to the shooting, and showed apparent premeditation by bringing his grandfather’s .22 pistol to the E.O. Green Middle School classroom.  What has always been in dispute since the earliest reports of this heinous murder are the circumstances and state of mind that brought McInerney to the point of cold blooded murder.  Students reported that Larry King, who was living at a specialized home for abused and abandoned youth, was blatantly non-conforming in matters of gender and sexual performance.  King dressed in feminine clothing, wore high heels, and used makeup.  He answered the bullying culture of Southern California middle schools with what some have called defiance and others have named authenticity.  Larry King was “out,” and students in the Oxnard school he attended had problems with it.  None had a stronger aversion to King’s being and style than young Brandon McInerney, who displayed irritation and anger around King, and later, when King apparently developed something of a personal attraction to him, decided that extreme violence was the only answer to his rage and fear.  EDGE now reports that opening statements in the long-delayed trial of McInerney began Tuesday in a San Fernando Valley courtroom, rather than in Ventura County where the murder took place three years ago.  McInerney’s attorneys delayed and argued that their client was a juvenile, that the judge was biased, and that McInerney could not get a fair trial in Ventura County.  The defense team failed to keep their client out of court as an adult, and to force the judge to recuse himself or be removed.  But they did convince the court to move the venue of the trial, and by a battery of stalling tactics, to postpone the trial as long as possible so that memories of King’s murder would have the chance to fade.

National media debated the wisdom of trying a 14-year-old from a broken home as an adult, even though California law clearly mandated that a 14-year-old should stand trial as an adult in cases of murder.  Though the Golden State has some of the most progressive laws in the nation protecting LGBTQ residents, the atmosphere in schools throughout the state never has caught up with enlightened legal culture.  Bullying of gender variant youth in elementary, middle, and high schools in California is as rampant as anywhere in the nation, as highly publicized cases like the King-McInerney case demonstrate. King was permitted to come out and live fully as a youth in gender transition. While some gender variant students adopted a cautious demeanor in school, King used his budding femininity as a badge of honor.  Whether he had a genuine crush on McInerney during the Valentine season, or whether his actions and words were meant to make his classmate uncomfortable, we cannot really know. But the brute facts remain.  King is dead. McInerney, who life has been forever changed by this murder, is still alive.

The case will be watched closely by legal experts and LGBTQ youth advocates throughout the United States. If the prosecution succeeds in making the 1st degree murder charge stick, McInerney could serve time in prison until his fifties. If the defense succeeds in minimizing the murder of Larry King, it will be because of a likely combination of delay, genuine reluctance to convict because of the youth of the defendant, and a well-orchestrated defamation of a slain little person with a big gender variant profile, as the Los Angeles Times is already reporting from attorney arguments on the first day of this landmark trial. Unfinished Lives Blog will follow the events of this courtroom drama closely.

July 6, 2011 - Posted by unfinishedlives | African Americans, Anglo Americans, anti-LGBT hate crime murder, Blame the victim, Bullying in schools, California, Character assassination, death threats, gay bashing, gay panic defense, gay teens, gender identity/expression, Gender Variant Youth, GLBTQ, gun violence, harassment, Hate Crimes, Heterosexism and homophobia, Law and Order, LGBTQ, Media Issues, Perpetrators of Hate Crime, School and church shootings, Social Justice Advocacy, trans-panic defense, transgender persons, transphobia | African Americans, Anglo Americans, Blame the victim, Bullying in schools, gay panic defense, gay teens, gender identity/expression, gender non-comformity, Gender Variant Youth, GLBTQ, gun violence, harassment, Hate Crimes, Heterosexism and homophobia, Law and Order, LGBTQ, Media Issues, perpetrators, Social Justice Advocacy, trans-panic defense, transgender persons, transphobia