The family of Kaylee Gain, the teen hospitalized following the viral fight near Hazelwood East High School in Missouri, has acknowledged her alleged attacker’s desire to apologize.
Their response comes after a judge said the state must determine if 15-year-old Maurnice DeClue will be tried as an adult in this case, KTVI reported.
The teen was charged with assault and has been in the custody of St. Louis County Family Court since the altercation in early March that left Gain, 16, with severe injuries.
Video captured the accused slamming Gain’s head on the pavement multiple times.
While local officials and Gain’s family suggested that DeClue should receive a harsher charge, the county juvenile attorneys requested an additional 30 days to finish a report that highlights her background, according to the report.
The hearing to determine whether DeClue shall be certified as an adult for the case is scheduled for Wednesday, May 10.
“Our position is that she should not be certified. We understand that the law says that there has to be a certification hearing based on what she has been charged with,” DeClue’s attorney, Greg Smith, told Fox 2 Now.
“Everything is out there, about her being an honor student, she was taking AP courses, she has no history with the juvenile court,” he continued. “She has been the victim of bullying. There are other facts that we are going to save for court.”
Gain’s family’s lawyer Bryan Kaemmerer has based the push for increased punishment against DeClue on unverified social media posts.
In a statement released on March 29, the attorney claims Gain’s parents have seen now deleted posts on social media that show “an utter lack of remorse” from the 15-year-old Black honor roll teen.
While admitting the posts have not been verified, Kaemmerer says the “timing of when they were made suggest that the accused did, in fact, make them.”
“In one post, the accused admits ‘this was calculated,’ and even flippantly jokes about whether she should ‘join MMA or WWE.’ Given that Kaylee began visibly convulsing within seconds after the attack, the serious nature of Kaylee’s injuries should have been immediately apparent to the accused.”
Local news station KSDK confirmed the posts were not made by DeClue based on the timing. DeClue was arrested before noon on Saturday, March 9 while the posts were published on X, formerly known as Twitter the following day, on Sunday night at 9:13 p.m.
DeClue’s family has maintained positive sentiments about her character and achievements in a Charge.org petition as well as interviews with local news stations.
Her mother Consuella told KSDK that DeClue was “not the aggressor,” but that she still wants to apologize to Gain. After the judge’s ruling on Monday, Gain’s family released a statement.
“The family is encouraged, however, by public statements by those associated with the accused stating that the accused would like to apologize to Kaylee for what occurred,” the parents said, per Fox 2 Now. “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 provided an another update on Gain’s condition via a statement from the family’s attorney that was obtained by Fox News.
“Kaylee’s ability to walk has slightly improved, but she is still unable to do so without the assistance of the hospital staff. However, Kaylee is still showing signs of significant cognitive impairment during the limited conversations that she is able to have, and she tends to reiterate the same short sentences over and over,” said Kaemmerer.
They also added that Gain has no recollection of the March 8 conflict.
Smith, had previously come forward and revealed that Gain was involved in a separate fight at the school, which resulted in her suspension. He said it was the precursor to the fight with his client.
“And despite that, found her way back towards the neighborhood around the high school the following day at dismissal time,” Smith added.
