Kaylee Gain’s Parents Still Think ‘It Is Appropriate’ for Black Teen to be Charged As Adult Despite Her Desire to Apologize for Role In Viral Fight
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. “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 AP courses, she has no history with the juvenile court. She has been the victim of bullying. There are other facts that we are going to save for court.”
Since the incident, DeClue’s family has echoed similar 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 announced last week that Gain’s condition was improving and that she was out of the ICU. They also added that she had 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.