King was shot in a computer lab on a Tuesday morning junior high school. Although he's been declared brain dead, King remains hospitalized on life support for possible organ donation.
Mcinerney is also charged with a hate crime because King was openly gay.
Prosecutors want to try him as an adult, but his lawyer is fighting it. If Mcinerney is tried as an adult, he could face life in prison, but if he's tried as a juvenile, he could get out when he turns 21.