A juvenile officer testified 15-year-old Maurnice DeClue lashed out at Missouri teen Kaylee Gain after suffering from sustained bullying — and claimed Gain threw the initial punch in the fight which left her with severe brain damage.
Gain was left in a coma after she and Declue got into a caught-on-camera brawl near their St. Louis, Missouri high school on March 8.
The viral video showed DeClue getting on top of Kaylee and slamming her skull into the pavement several times while stunned peers watched.
DeClue has been charged with felony assault and is being held by St Louis Family Court.
In a hearing Friday, the juvenile officer testified DeClue should remain in the juvenile court system. St. Louis County Prosecutor Wesley Bell did not object, and instead deferred to the judge’s discretion.
According to testimony, both sides acknowledged Gain had started the fight with DeClue — and had gotten suspended for fighting another girl the previous day. The defense produced several witnesses, including the girls’ teachers, who said DeClue had never before had behavioral problems.
Spanish teacher Richard Bly praised DeClue as a “model student” who “actively participated and excelled in class.” He said that she behaved well in his class.
DeClue’s grades were so good she had skipped the 7th grade, he said, making her one of the youngest students in class.
Both sides acknowledged Gain was seriously injured in the fight, which prosecutors still claim was a “brutal attack.”
Gain’s stepmother, who was allowed to be anonymous in open court, gave a statement, saying she has to relearn how to walk, speak and take care of herself.
“A terrible choice made by two teen girls to solve their issues through violence caused one to go too far with her bare hands and a concrete road,” the stepmother said.
DeClue’s mother, Consuella, tearfully addressed the court at the end of the hearing saying her daughter regretted the incident, but maintained she was acting in self defense.
“My family, my church, we all prayed for KG [Kaylee Gain],” she said in court. “I think [my daughter] was just defending herself, I don’t think she had any intent or thought this would happen to KG and we are very sorry.”
Gain has “improved considerably” since the incident, but is still missing part of her skull and will need to undergo additional surgeries to have it reattached, her family said on Wednesday.
“While hospitalized, Kaylee underwent a craniectomy which is a neurosurgical procedure that involved removing a portion of Kaylee’s skull in order to relieve the pressure on her brain,” lawyer Bryan Kaemmerer wrote in a statement.
“The portion of Kaylee’s skull that was removed still has not been put back in place.”
Gain is still experiencing short-term memory loss and has been wearing a custom-made helmet to protect her brain.
A judge will rule whether DeClue will be tried as a juvenile or adult at a later date.
