A mistrial has been declared in the trial of Brandon McInerney while the DA weighs retrying the case. The statement by his defense attorney jumped out at me:
An option could be punting the case back to juvenile court if prosecutors are willing to drop the special allegation of lying in wait, which could carry a more severe penalty. If convicted in juvenile court of murder, McInerney would likely be released no later than his 25th birthday. He's now 17.Yes, but Larry King, the 15 year old he killed, doesn't have that luxury. King remains dead with no chance of looking at a calendar and planning on the date he will be able to return to his family and friends.
Prosecutors also could offer McInerney another plea deal. His attorneys have previously passed on an agreement that would have sent McInerney to prison for 25 years to life. Defense lawyer Robyn Bramson said they wouldn't consider a plea deal that had an indeterminate sentence.
"We want a date certain that he can look at a calendar and say, `On this date, I am going to get out,'" Bramson said.
