ST. LOUIS COUNTY, Mo. — A Juvenile Court judge ruled that 15-year-old Maurnice Declue, the teenager accused of leaving another Hazelwood East High School student with brain damage, remain in the juvenile court system.
The Juvenile Office of St. Louis County Courts announced the decision in a written statement on Wednesday. The decision comes 12 days after a juvenile officer recommended she be tried as a juvenile, citing Declue's lack of a juvenile record.
The case made national news after video of the assault was posted to social media.
On Friday, Declue's attorney, Greg Smith, told 5 On Your Side said they are happy with the decision.
Smith said, "My client is very happy, her family is very happy."
Smith explained the consequences as an adult are more severe.
For now, Declue remains detained, she's been there since March 9th.
Smith explained she's been able to continue school and see her parents often.
Smith said the punishment through the juvenile court system ranges from:
- Community supervision - It is like probation, in which a deputy juvenile officer would supervise her and require routine meetings and any other conditions a judge would impose.
- Residential placement - A teen could be placed in a residential facility, and still go to school and get counseling, however, those facilities don’t take kids with violent convictions.
- Division of Youth Services detention facility - Depending on the order from the judge, a juvenile is remanded to the custody of the Division of Youth Services. A judge can order DYS to retain custody of the child up until the age of 19, and in rare cases, up to 21. A judge could also order their release if they complete a program successfully in custody
"She’s still presumed innocent. Just because we talk about the seriousness of the offense, doesn’t mean she’s guilty of that offense," Smith shared.
Certain crimes, including the high-level assault charge Declue is facing, require juveniles to undergo a certification hearing. Other offenses include murder, some degrees of sexual assaults and armed robberies.
The recommendation that Declue be tried as a juvenile didn't come as a surprise given Declue’s lack of a juvenile record. In juvenile court, juvenile officers who serve much like prosecutors in the adult system put heavy emphasis on a minor’s history, academic disciplinary record and character before recommending certification to stand trial as an adult for a crime.
In the May 10 hearing, the officer said she reviewed Declue's school records and the police report on the March 8 incident as well as met with Declue and her parents multiple times since she was put in detention March 9.
"We look for repetitive types of offenses and this is not part of a repetitive pattern," the officer told the court. "If she remained in the juvenile system, she would respond well and engage and communicate well with the court."
The officer said Declue has achieved the highest category for good behavior while she's been in custody because she's had "no negative behavior incidents, she's been respectful and consistently follows rules."
Research has shown the brains of juveniles aren’t as developed as an adult’s and lack the ability to fully grasp consequences, however repeated high-level offenses can lead officers to certify children as adults.
Judge Jason Dodson denied Smith's motion to have his client released to her parents and remain on house arrest with a GPS monitor.
The juvenile prosecutor opposed Declue's release as well saying there had been no evidence presented that she no longer poses a threat to public safety and that death threats made against her mean keeping her in custody is what's best for her safety as well.
Smith has said she is an “outstanding student” who plays the violin, speaks multiple languages and had never been in trouble before the assault, which happened about a mile away from school grounds.
Gain has battled to recover from her head injuries.
Video of the assault showed Declue slam the back of Gains’ head against the concrete, which sent her into seizures.
She spent a month in the hospital followed by two weeks in a rehabilitation center. She is still undergoing physical and mental health therapy and will require at least one more surgery to return the portion of her skull doctors removed after her brain swelled, her attorney Bryan Kaemmerer told 5 On Your Side earlier this month.
Politicians, including Missouri Attorney General Andrew Bailey, as well as people across the country called for Declue to be certified as an adult after the video surfaced.
Kaemmerer also called for Declue to be charged as an adult, citing a now-debunked social media post that 5 On Your Side verified as false as proof that she lacks remorse. 5 On Your Side verified DeClue was already in juvenile detention when a post that read, “Should I join MMA or WWE” next to a picture of the assault hit X. It was made by someone who misspelled her name, and she would not have access to social media while in custody.
Kaemmerer later back-peddled on his remarks about the post.
Kaemmerer has also confirmed Gain's mother did not drive her daughter to the March 8 fight despite rampant social media rumors that she did. Kaemmerer says his client's mother was at work and did not know about the fight.
During the May 10 hearing, Gain's stepmother read a family impact statement, which detailed the extent of Kaylee Gain's injuries as well as the uncertainty she's still facing. She has no short-term memory.
"We were on a traumatic roller coaster ride we weren't sure would ever end," she said, recalling Gain's initial days laying unresponsive in the hospital. "Her road to recovery won't be over anytime soon."
She said Gain will likely need an Individualized Education Plan when she returns to school, which is typically done for children with disabilities.
"While our daughter will, in all likelihood, need lifelong medical care and therapy to overcome the injuries and trauma that were inflicted on her, we pray that the juvenile shows remorse and takes accountability for her actions so that no one else's lives are so irreversibly changed in the future. A terrible choice was made by two teenage girls to solve their issues through violence. This caused one of them to go too far with their bare hands and a concrete road."
During that hearing, Declue's mother wept as she told the court how her family and church have prayed for Kaylee Gain's recovery, and that her daughter never intended to hurt her as badly as she did. Maurnice Declue buried her face in her hands as her mother addressed the court.
Her mother said she had a 3.2 GPA with mostly Advanced Placement classes and aspirations of going to a Historical Black College or University.
"There was no malice, she was just defending herself," Declue's mother said. "I hate for her education to be interrupted. She had no intention or thought that this would happen. We are all very sorry and so is she."
Declue's Spanish teacher also testified during the hearing, saying she was his go-to student to help motivate other kids who were not as interested in participating in class as she was.
Declue’s family members — who publicly identified her — have said she was the victim of bullying in the months leading up to the assault.
Gain had been suspended from the school the day before for fighting with a different girl.
During the May 10 hearing, the juvenile officer confirmed Gain threw the first punch during the March 8 incident.
As far as next steps, there will be a case management conference on May 28, where the parties will meet and figure out what's next.