While 16-year-old Kaylee Gain has shown some slight improvement, according to her family, a hearing will be held next month to determine if a 15-year-old girl seen in a viral video beating Gain will be tried as an adult.
KPLR-TV reported, after having her head repeatedly slammed against concrete, Gain remains hospitalized with brain injuries and a fractured skull, said her family, which is calling for the girl shown beating Gain be tried as an adult.
That girl, whom officials have not named because of her age, has been identified by change.org as Maurnice DeClue.
DeClue remains in juvenile detention. A hearing is slated for May 10 to determine if she should be certified to stand trial as an adult, KPLR reported.
“Our position is that she should not be certified,” DeClue’s defense attorney Greg Smith said.
“We understand that the law says that there has to be a certification hearing based upon what she has been charged with,” Smith said. “That’s non-negotiable, but our position is she should not be certified.
“Everything is out there about her being an honor student. She was taking an AP course. She’s had no history with the juvenile court. None. She has been the victim of bullying. But there are other facts that we are going to save for court,” according to Smith.
Missouri Attorney General Andrew Bailey has said teenagers should know better and a teen committing an adult crime should be punished as an adult.
But Smith told St. Louis’ KDSK the decision should be based upon the individual — such as their academics and lack of a crime record — not on their action.
“One of the general rules about certification hearings is — the focus is supposed to be on the juvenile, and not on the alleged conduct.”
DeClue has been portrayed by her family as a victim since she had allegedly been subjected to bullying.
For her part, Gain is apparently aware she is in a hospital, according to her family, but does not know why.
Her walking ability has improved, but she still needs help in doing so, the family said.
“The family is encouraged, however, by public statements by those associated with the accused stating that the accused would like to apologize to Kayle for what occurred,” they said in a statement, per KPLR.
“While these statements do not change the family’s position that it is appropriate for the accused to be tried as an adult, it is encouraging that the accused appears to be remorseful for what transpired during these unfortunate events,” the family’s statement said.
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