I often have a hard time stomaching criminal defense attorneys and truly believe that I could not in good conscience represent someone who is clearly guilty of the crime - e.g., Brandon McInerney who shot Lawrence King in the back of the head twice in a clearly premeditated act in front of a room of fellow students. Nonetheless, his defense attorney, William "Willy" Quest, is alleging that manslaughter is the appropriate charge, not murder. How he can make such a claim defies belief and leaves me incredulous but for the fact that Quest is apparently a typical defense attorney - it's always someone else's fault, not his client's fault. A reading of the California Penal Code reveals what bullshit Quest is shoveling. Here's the definition of manslaughter:*
192. Manslaughter is the unlawful killing of a human being without malice. It is of three kinds:
(a) Voluntary--upon a sudden quarrel or heat of passion.
(b) Involuntary--in the commission of an unlawful act, notamounting to felony; or in the commission of a lawful act which mightproduce death, in an unlawful manner, or without due caution andcircumspection. This subdivision shall not apply to acts committed inthe driving of a vehicle.
(c) Vehicular--
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Obviously, McInerney's action in killing Larry King does NOT fit in any of these categories. In contrast the statutory provisions on murder are directly on point:
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187. (a) Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.
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188. Such malice may be express or implied. It is express when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature. It is implied, when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart. When it is shown that the killing resulted from the intentional doing of an act with express or implied malice as defined above, no other mental state need be shown to establish the mental state of malice aforethought.
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I hate to say it, but the undercurrent throughout Quest's disingenuous blather is that it's the gay boy's fault that he's dead or it's the school administration's fault. The truth is that actions have consequences. Sometimes severe consequences. Brandon McInerney did something vile and hateful and he did it with premeditation. He sowed the seeds of his potentially spending the rest of his life in prison. Is it sad in some ways? Perhaps, but it's even sadder that Larry King was deprived of his life which had just as much value as that as some straight athlete on whom it'd be harder for in my opinion a sleazy attorney like Quest to try to lay blame. In my view, it is very important that McInerney not get off. A clear message needs to be sent that a gay life has just as much value as anyone else's life. Sadly, too often those who murder gays get off with the equivalent of a slap on the wrist. Here are some highlights from the Ventura County Star:
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The 14-year-old boy accused of killing eighth-grader Larry King pleaded not guilty Thursday to premeditated murder and a hate crime, charges his attorney said could mean dying in prison unless the youth can be tried on the lesser charge of manslaughter. "This is essentially a death sentence for Brandon McInerney," defense attorney William "Willy" Quest said after entering a plea of not guilty for his client.
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The slain boy's father, Greg King, declined comment on the plea Thursday afternoon, but he said he supports the district attorney's decision to try McInerney for first-degree murder as an adult. "He went into a classroom in front of other students and shot my son in the back of the head twice," King said. He suggested that the boy's age does not merit lighter treatment. "My son his dead," he said. "For his age to be taken into consideration — he didn't take my son's age into consideration."
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Quest said the shooting was a tragedy, but suggested that sending McInernery to prison for life only compounds it. He has blamed educators at E.O. Green for failing to defuse growing tension leading up to the shooting. "This is not a complicated case, who did it and the manner of death," he said. "The issue is Brandon's age and what was going on at E.O. Green School."
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