The 15-year-old girl accused of brutally beating classmate Kaylee Gain into a coma will not be charged as an adult, a St. Louis judge ruled on Wednesday. The case will stay in juvenile court after the judge reviewed the suspect's school history and met with the girl and her family multiple times since the violent March attack outside Hazelwood East High School.
The decision followed testimony from a juvenile officer earlier this month, who claimed that Gain was a serial bully who tormented her attacker, Maurnice Declue. It was also alleged that Gain initiated the fight, threw the first punch, and was suspended for fighting another girl just the day prior.
Relief for Suspect and Her Family
On Wednesday, a St. Louis judge followed the officer's recommendation and decided that the case would remain in the juvenile court system. Gain made national headlines and received an outpouring of support after footage of her confrontation with Declue outside their school on March 8 went viral.
Disturbing video showed her attacker getting on top of the teen and repeatedly bashing her head into the pavement.
Declue was charged with first-degree assault and has remained in the juvenile detention system as she awaited a decision on whether she would be tried as an adult.
However, on May 10, months after the video circulated widely on social media, a judge heard testimony from the juvenile officer that contradicted the initial narrative of the fight.
The officer cited both girls' school records and stated that Gain was a serial bully at her school who had picked on Declue before their fight. Gain had also been suspended the day before for another fight.
It was also recently revealed that Declue was an honor student who skipped the seventh grade and has been said to have been on good behavior while locked up in juvenile detention.
The defense also produced several witnesses, including both girls' teachers, who revealed that Declue had never before exhibited any behavioral problems, contrary to what the officer suggested. They argued that Declue had been baited into the fight by the serial offender.
Things Going Against Victim
Gain awoke from a coma several days later, but her family has said she still has a long road to recovery.
Declue's defense attorney, Greg Smith, said in court on Wednesday that Gain had previously been suspended from school for a fight and had struck the 15-year-old first. Gain's parents were present in the courtroom.
Gain is now back home after spending months in the hospital following the brawl.
She is progressing, but still experiences short-term memory loss, attends speech and physical therapy several days a week, and is scheduled for surgery to reattach a piece of her skull.
Gain's family attorney Bryan Kaemmerer said earlier this month that she still deals with "trauma, fear, and pain that have arisen from this incident."
Kaemmerer said that Gain's family would "respect" the judge's decision regarding whether to try the 15-year-old as a juvenile or adult.
Declue's family claimed that she had been acting in self-defense and that they received numerous racial threats after the incident.
