OXNARD, Calif.—A judge on May 9 postponed the arraignment of a 14-year-old boy charged with shooting and killing a 15-year-old classmate who was gay.

Prosecutors want to try the youth as an adult and his lawyers told the judge they need more time to challenge the constitutionality of that action.

The youth, Brandon McInerney, is charged with killing Lawrence King Feb. 12 in a school classroom. King, who was frequently the target of anti-gay taunts, had reportedly exchanged words with McInerney before the shooting.

If McInerney is convicted as an adult, he could be imprisoned for up to 53 years. If he’s convicted as a juvenile, he would have to be freed at age 25.

The judge agreed to give the defense team more time to file motions and postponed arraignment until June 12.

Last month a coalition of California and national GLBT groups released a statement calling on McInerney to be tried as a juvenile.

“The facts in this matter seem clear: One boy killed another in a climate of intolerance and fear about sexual orientation and gender expression. The alleged perpetrator, who turned 14 years old less than three weeks before the shooting, should be held accountable for his actions. But we support the principles underlying our juvenile justice system that treat children differently than adults and provide greater hope and opportunity for rehabilitation,” the groups said in the statement.