The teenager who allegedly attacked Kaylee Gain, leaving her in a coma with severe brain damage, was a victim of prolonged bullying, a juvenile officer testified in court.
The officer also suggested that 16-year-old Kaylee had thrown the first punch in the fight near Hazelwood East High School in St Louis, Missouri on 8 March, which was caught on camera and went viral.
Maurnice Declue, 15, has been charged with felony assault and is currently being held at the St. Louis Juvenile Detention Center. Footage taken by a bystander shows Declue beating Gain and slamming her head onto the concrete pavement. However, Declue's family insists that the teen was merely defending herself.
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Hundreds of thousands of dollars were raised to help with Kaylee's medical costs (KSDK News)During a hearing at St. Louis Family Court on Friday, the juvenile officer argued that Declue should remain within the juvenile court system, according to the New York Post. County Prosecutor Wesley Bell did not object, stating that the judge will make the final decision, expected within the next week.
Judge Jason Dodson also ruled that Declue will stay in the detention centre until her trial begins due to threats made against her following the fight, as reported by the Riverfront Times. The juvenile officer's testimony revealed that both parties agreed Gain had initiated the fight with Declue and that she had been suspended for fighting with another girl the day before.
Kaylee suffered extensive injuries after the attack (KSDK News)According to a host of witnesses called by the defence, including the teens' teachers, Declue had no prior behavioural issues. Spanish teacher Richard Bly described her as a "model student" who "actively participated and excelled in class." He added that her grades were strong enough to be able to skip the seventh grade, meaning she was one of the class's youngest students. Elsewhere, both sides also acknowledged that Kaylee had suffered from serious injuries in the fight and prosecutors argued that it was a "brutal attack."
Kaylee's stepmum gave an anonymous statement in open court, saying: "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." She added that the teen had to relearn how to walk, speak and care for herself after waking from her coma.
The fight between Kaylee and Declue was caught on video (KSDK News)For all the latest news, politics, sports, and showbiz from the USA, go to The Mirror US
A tearful Consuella Declue, Declue's mum, told the court that her daughter regretted the incident, adding: "My family, my church, we all prayed for KG [Kaylee Gain]. 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."
The Gain family lawyer, Bryan Kaemmerer, gave an update on the teen's condition last week, which revealed that a portion of her skull was removed. "The portion of Kaylee's skull that was removed still has not been put back in place. Ever since Kaylee underwent this procedure it has been necessary for her to wear a custom helmet in order to protect her brain in the event of a fall. Kaylee is scheduled to undergo an additional surgery to reattach this portion of her skull which will require yet another hospitalization," the statement said.
It added that the teen spends around three days a week in physical and speech therapy and still experiences short-term memory loss. She is also scheduled to undergo extensive neuropsychological testing later this summer and continues to meet with a counsellor to assist with her mental well-being "as she copes with the trauma, fear and pain" caused by the incident.
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