McInerney to Face Jury Again in Retrial

The teenager who shot and killed his gay classmate Lawrence King in 2008 will be retried for murder in Ventura County, Calif., weeks after a jury could not conclusively decide his degree of guilt.

Brandon McInerney, now 17, will no longer be charged with a hate crime, but prosecutors will still pursue a murder conviction. Superior Court judge Charles Campbell set a November 21 trial date, according to the Associated Press.

Earlier today, Eliza Byard of the Gay, Lesbian, and Straight Education Network said that Ventura County prosecutors must do the "just and merciful thing" by reaching a plea deal with McInerney in lieu of a second trial. Byard said in a statement that a compromise should be reached because trying McInerney again would "only dig into old wounds that have never been given a chance to heal."

A mistrial was declared last month after McInerney's nine-week trial. Seven jurors voted that he be found guilty of voluntary manslaughter, and five voted for either first- or second-degree murder, leading to a hung jury.

According to the Los Angeles Times, a juror told the media that McInerney's age at the time of the 2008 shooting, 14, was significant in determining his fate. Some jurors also said he should not have been tried as an adult.

A group of six jurors as well as McInerney's mother, his former teachers, and his attorney talked to Nightline about the trial. Video is below: