While 16-year-old Kaylee Gain has shown some slight improvement, as reported by her family, a hearing is scheduled for next month to decide whether a 15-year-old girl, seen in a viral video viciously beating Gain, will be tried as an adult.
According to KPLR-TV, Gain, who sustained brain injuries and a fractured skull after her head was repeatedly slammed against concrete, remains hospitalized, as stated by her family. They are advocating for the girl shown beating Gain to be tried as an adult.
The girl, whose identity has not been disclosed by officials due to her age, has been identified by change.org as Maurnice DeClue.
DeClue is currently in juvenile detention, with a hearing set for May 10 to determine if she should be tried as an adult, as reported by KPLR.
Missouri Attorney General Andrew Bailey emphasized that teenagers should be able to discern right from wrong, asserting that a teenager engaging in an adult crime should face adult consequences.
DeClue’s defense attorney Greg 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.
“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.
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DeClue’s family has portrayed her as a victim, citing alleged bullying she had endured.
As for Gain, her family reports that she is conscious of being in the hospital but remains unaware of the reasons behind her hospitalization.
While her ability to walk has shown some improvement, Gain still requires assistance, as stated by her family.
“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.
