Mistrial in this sad 2008 murder case. Why do you think the boy pulled the trigger?

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    Sep 06, 2011 10:46 PM GMT
    http://www.latimes.com/news/local/la-me-0906-banks-20110906,0,7463934.column
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    Sep 06, 2011 10:56 PM GMT
    Personally? The kid is a psycopath. The idea that one kid being so gay it can drive another to murder thus getting only manlsaughter is not only a laughable defense, but an offensive one as well.

    The second thing that is stupid is saying that this 14 year old who took a gun and shot someone in the back of the head should be tried as an adult is just as laughable. Yes it sucks taking his life away, but he took someone elses life away. I wonder if the victim were straight if this would really be a question.
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    Sep 06, 2011 11:25 PM GMT
    Agreed, Chainers. But, to play devil's advocate, should the gay kid really have been encouraged to wear pink high heels and eye makeup, and allowed to blow kisses at the jock guy, if that guy was obviously so uncomfortable with it? I know you can't really control middle school kids, but, as this article suggests, adults need to find the right ways to deal with such situations. I mean, what's the line between accepting each other, and sexual harassment? I dunno... (Part of this is also just my response to the details of the case, as someone who grew up in the closeted '80s in ultra-conservative Texas...)
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    Sep 07, 2011 12:01 AM GMT
    I'm not really comfortable giving a 14 year old the same punishment as an adult, no matter how horrific the crime. This should have been resolved way before it got to this point by the adults in charge.
  • Aquanerd

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    Sep 07, 2011 12:33 AM GMT
    Here's a supplemental question? How many killers are you willing to let walk free, going for Murder, rather than go after manslaughter with guaranteed sentence?
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    Sep 07, 2011 12:39 AM GMT
    It took a lot of planning to get to the point that this situation got to. The straight kid had to think about the killing, think about where to get a gun, think about how to get it to school, think about when and where to kill Larry.

    And this is a question: at what age do kids know the consequences of their actions and know between right and wrong? I'm pretty sure it's younger than 14, and considering the amount of forethought that had to go along with this murder makes me believe he should be tried as an adult.

    And the adults in the case should hold some criminal liability for allowing things to get out of hand. For the most part they had good intentions, but how could the teachers allow Larry to continue with the advances on the straight kid? Why didn't anyone teach the kids about sexual harassment. Why didn't anyone call the two kids to the administrator's office to sort things out--tell Larry its OK to be gay, but unwanted advances are NOT and teach the straight kid of the proper methods of handling unwanted attention?

    I do wonder as well how different things would be if it was a boy and a girl in this story instead of two boys.
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    Sep 07, 2011 12:57 AM GMT
    I have been following this since it happened. The way Larry has been portrayed as an aggressor in need of attention has been disgusting.

    And just because the kid wore heels and make-up should not be a justification for his murder like is subtly implied in the trial. As for blowing kisses at the kid, Larry used that as a defense mechanism against the bullying as well as getting more feminine.

    I agree with the poster that said that it should have gotten to this level.
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    Sep 07, 2011 1:08 AM GMT
    Brandon McInerney had reasons to pull off the trigger and should raise a defense of loss of control and his sentence should be reduced from murder to manslaughter. It has stated that a girl testified that Larry seemed to have a crush on Brandon, blowing him kisses, calling out "I love you" and trying to sit with him at lunch. "Brandon was a strapping athlete from a violent home, who friends said didn't court trouble but didn't back down. His classmates said he was mad and embarrassed by Larry's attention. But they also teased him mercilessly about it." A 14 year old has the capacity to think over a killing and should be criminally liable for what has been omitted but, Brandon should also be heard for his defense that "it really would be hard on anyone for being blown kisses by another sassy dude in school and everybody mercilessly teasing him about it".. Anyone else would have done the same or killed oneself with such embarrasment, especially being teased by it's own friends and the whole school talking about it.. I personally don't think it's a hate crime on gay people with what I've read on the article. A person is not known as a psycopath if s/he belongs to a violent home.

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    Sep 07, 2011 4:38 AM GMT
    lovestoned86 saidBrandon McInerney had reasons to pull off the trigger and should raise a defense of loss of control and his sentence should be reduced from murder to manslaughter. It has stated that a girl testified that Larry seemed to have a crush on Brandon, blowing him kisses, calling out "I love you" and trying to sit with him at lunch. "Brandon was a strapping athlete from a violent home, who friends said didn't court trouble but didn't back down. His classmates said he was mad and embarrassed by Larry's attention. But they also teased him mercilessly about it." A 14 year old has the capacity to think over a killing and should be criminally liable for what has been omitted but, Brandon should also be heard for his defense that "it really would be hard on anyone for being blown kisses by another sassy dude in school and everybody mercilessly teasing him about it".. Anyone else would have done the same or killed oneself with such embarrasment, especially being teased by it's own friends and the whole school talking about it.. I personally don't think it's a hate crime on gay people with what I've read on the article. A person is not known as a psycopath if s/he belongs to a violent home.



    Worst sock account troll ever. All this gay shit is irrelevant. The kid was teased so he took a gun to school and shot a student? Throw me a fucking pity party we are all teased at school. At the end of the day what we are talking about here is a child who shot another child in the back of the head. Nothing more. Brendan's life is ruined, even if he got out of jail he will never be trusted at a school, and Larry was killed because he was different. That is all that happened. Brendan decided he was an adult when he decide who could live and die.
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    Sep 07, 2011 4:56 AM GMT
    Aquanerd said How many killers are you willing to let walk free, going for Murder, rather than go after manslaughter with guaranteed sentence?


    Not foolproof.

    After all, the Casey Anthony jury rejected the manslaughter charge too.
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    Sep 07, 2011 4:57 AM GMT
    lovestoned86 saidBrandon McInerney had reasons to pull off the trigger and should raise a defense of loss of control and his sentence should be reduced from murder to manslaughter. It has stated that a girl testified that Larry seemed to have a crush on Brandon, blowing him kisses, calling out "I love you" and trying to sit with him at lunch. "Brandon was a strapping athlete from a violent home, who friends said didn't court trouble but didn't back down. His classmates said he was mad and embarrassed by Larry's attention. But they also teased him mercilessly about it." A 14 year old has the capacity to think over a killing and should be criminally liable for what has been omitted but, Brandon should also be heard for his defense that "it really would be hard on anyone for being blown kisses by another sassy dude in school and everybody mercilessly teasing him about it".. Anyone else would have done the same or killed oneself with such embarrasment, especially being teased by it's own friends and the whole school talking about it.. I personally don't think it's a hate crime on gay people with what I've read on the article. A person is not known as a psycopath if s/he belongs to a violent home.



    Reported for spamming the forums with fake troll accounts.
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    Sep 07, 2011 5:05 AM GMT
    It seems that the kid has basically been pleading the gay panic defense. Bringing a gun to school implies a lot more than just being uncomfortable. At least he was nice enough to ask his lawyer to mention how sorry he was. Sure that really helped both families.

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    Sep 07, 2011 9:36 PM GMT
    I agree with txguy and Chainers, that the premeditation of bringing the gun to school makes this murder. (And, damn Chainers--Sounds like you'd fit right in with Texas death penalty fanatics icon_eek.gif.) But I also agree with Scruffypup, that it seems wrong to punish a 14 year old as an adult. I don't think he's the same person today, with a few critical years under his belt. Rather than frying him, I'd like to see him somehow help to change practices at home and policies at school.
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    Sep 07, 2011 9:37 PM GMT
    artsyjock saidI agree with txguy and Chainers, that the premeditation of bringing the gun to school makes this murder. (And, damn Chainers--Sounds like you'd fit right in with Texas death penalty fanatics icon_eek.gif.) But I also agree with Scruffypup, that it seems wrong to punish a 14 year old as an adult. I don't think he's the same person today, with a few critical years under his belt. Rather than frying him, I'd like to see him somehow help to change practices at home and policies at school.


    Well Im sorry but I actually do support the death penalty, some people are messed up beyond repair and Branden is one of them. This shit pisses me off a lot, it really does.

    Post edit: Im sorry, but it is very hard to change these people. We arent talking about a drug crime here but a student who killed another human being. Im sure he is very sorry for what he did, especially considering that he will never have a normal life again. Its a shame, its despicable, and it is wrong to say "he is too young to know the difference."

    I learned not to kill at a very young age.
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    Sep 07, 2011 10:35 PM GMT
    I hear ya, Chainers. Anyone who doesn't learn at a young age that killing is wrong is messed up. And, this kid is obviously messed up, which is not really what I'm trying to argue, because I think he deserves serious punishment.

    I'm more interested in the idea that this kid probably knew that killing was wrong, but didn't think gays were full-fledged people, which is sadly not uncommon. I think I'm trying to get at the issue of how the gay kid was acting in school, without coming across as demeaning to flamboyance. I'm definitely not. But, it seems like the boy was equating being gay with wearing high-heels and makeup and flirting with straight guys, and that teachers were encouraging him to do this in order to BE more gay.

    Maybe my question is something like: How could teachers encourage kids to "be" gay in positive ways? How should we "act gay"? How can a 14-year old honor his identity, without instilling such obvious hatred, however compensatory it may be?

    Because we know that the emotions that drove that poor little guy to don lipstick and blow kisses were every bit as tortured and aggressive as those that the straight guy felt when he pulled the trigger. And, I hope people don't think I'm being anti-drag here, because I appreciate drag as (adult) performance. Teachers just need to recognize when a kid is being him/herself, and when (s)he is acting out aggressively.

    Just a friendly thought.
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    Sep 07, 2011 10:42 PM GMT
    artsyjock saidI hear ya, Chainers. Anyone who doesn't learn at a young age that killing is wrong is messed up. And, this kid is obviously messed up, which is not really what I'm trying to argue, because I think he deserves serious punishment.

    I'm more interested in the idea that this kid probably knew that killing was wrong, but didn't think gays were full-fledged people, which is sadly not uncommon. I think I'm trying to get at the issue of how the gay kid was acting in school, without coming across as demeaning to flamboyance. I'm definitely not. But, it seems like the boy was equating being gay with wearing high-heels and makeup and flirting with straight guys, and that teachers were encouraging him to do this in order to BE more gay.

    Maybe my question is something like: How could teachers encourage kids to "be" gay in positive ways? How should we "act gay"? How can a 14-year old honor his identity, without instilling such obvious hatred, however compensatory it may be?

    Because we know that the emotions that drove that poor little guy to don lipstick and blow kisses were every bit as tortured and aggressive as those that the straight guy felt when he pulled the trigger. And, I hope people don't think I'm being anti-drag here, because I appreciate drag as (adult) performance. Teachers just need to recognize when a kid is being him/herself, and when (s)he is acting out aggressively.

    This is just a friendly thought. Thanks for reading.


    I think that the flirting with straight guys is questionable, at best, and whether or not the teachers knew of what was going on is as well. I mean, do teacher's really know everything that happens in the school? Is there a record of Branden asking the teachers to help him to get Larry to stop flirting? Then how come its never been asked in the trial before...