I know this is more of a national and moral question, but this one hit home, so I thought I'd pose it to all of my dear LJ readers: At what point (or level) of a crime should constitute a minor being tried as an adult in a court of law?

This subject comes up as 15-year-old Brandon McInerney, who shot and killed 15-year-old Lawrence King (pictured) in February 2008 for his desire to be himself (an open homosexual), is entering the pre-trial phase.  During his testimony on Monday, his defense attorney argued that he was provoked to kill Lawrence King by same-sex romantic overtures.  A "gay panic" defense - also attempted during the trial of Russell Arthur Henderson and Aaron James McKinney for the murder of Matthew Shepard.

Defense attorney Scott Wippert reportedly questioned a witness from the Oxnard police department sharply at one point, asking, “Did you inquire if Larry King was making sexual advances toward McInerney … you do realize he’s charged with first-degree murder? That he was provoked?"

McInerney admitted to shooting King at E.O. Green Junior High on February 12, 2008. Witnesses at the hearing in Ventura County superior court testified that McInerney was annoyed by romantic overtures from King, and that the accused bragged about having access to guns at home, the Los Angeles Times reported.

The hearing, expected to resume today, will determine whether the case should go to trial.

So, even though McInerney is only 15-years-old, and he admitted to the shooting and bragging about having access to guns at his home, do you think he should be tried as an adult?  Personally, I think if he was so closed-minded about a homosexual hitting on him and had the forethought to bring a gun to school for the purpose of killing King, he should be tried as an adult.  Period.

There's talk about him striking a deal to lesson his charges to a possible 25-years-to-life sentence.  I don't think it's fair to the King family, or to the school kids across the nation who dare to be themselves, if McInerney gets off easier on this one.  What kind of precedence will this set?  I'm hurt, enraged, and a little disappointed at the possibility of what the future holds.  We've made leaps and bounds in the last 15-20 years, but what message will this send?  How many more kids need to die (King, Matthew Shepard, and countless others) before the insanity is stopped?

The "gay panic" defense is just a sad attempt to plead for the sympathy of the homophobic community who might side with the murderer.  I think it's high time that people are held accountable for their actions.  No mercy for those who would be so willing to take another persons life simply based on the fact they are homosexual.