ST. LOUIS — Video of a beating that left a 16-year-old Hazelwood East student in a coma that went viral has many – including Missouri Attorney General Andrew Bailey – calling for the suspect in the case to be charged as an adult as soon as possible.
"When you have teens who should know better, who do know better and they're committing adult crimes, there needs to be adult punishments,” Bailey said.
But the attorney for that suspect tells 5 On Your Side that Bailey, along with the rest of those calling for a swift judgement, don’t know all of the facts in the case.
“One of the general rules about certification hearings is the focus is supposed to be on the juvenile and not on the alleged conduct,” said attorney Greg Smith.
5 On Your Side is not naming the suspect in this case because she has not been charged as an adult. She was a 15-year-old Hazelwood East student, who was an honor student taking AP courses and a member of the orchestra since she was in sixth grade. Most importantly, Smith says, his client has no juvenile record or disciplinary history.
“She comes from a great family, a great home, has no prior history with the juvenile court, and that's another factor for certification,” he said. “The court is asked to look at, ‘Is there a history here? Is there a repetitive pattern of crimes and offenses committed by this juvenile that say, hey, she's beyond the reach of the juvenile court, she can't be rehabilitated.’”
The fight happened near the high school March 8. Gain’s family issued a statement through their attorney, stating she suffered skull fractures, brain bleeding and the true extent of her injuries won’t be known until she regains consciousness.
In their statement, the family called for an end to bullying and encouraged parents to talk to their children about the consequences of split-second decisions that can have lifelong impacts.
The suspect remains in juvenile detention in St. Louis County, where she is currently taking classes, Smith said.
He issued a statement on behalf of the suspect and her family, echoing the Gain family’s call for an end to bullying and teen violence.
A juvenile officer recommended the suspect be charged with first-degree assault. It’s among several high-level offenses that require juveniles to have certification hearings before a judge. Other offenses include murder, some degrees of sexual assaults and armed robberies.
However, only a juvenile court judge can decide whether a child can be charged as an adult.
“There are no juries in juvenile court,” Smith said.
He estimates that about a third of his practice is dealing with juvenile clients.
“The unfortunate side is when kids do get certified, then they're in the adult court and they're treated as adults,” Smith said. “And they're not adults.
“And the punishments there are not rehabilitative. I don't care what people say, prison is not rehabilitative, but the juvenile justice system certainly is, and I think that's where the kids belong.”
Should his client be convicted as a juvenile, Smith said the punishment 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.
If the suspect is certified to stand trial as an adult, the St. Louis County Prosecuting Attorney’s Office would have to decide what the charge would be. If it remains first-degree assault at the adult level, the suspect could face 10 to 30 years in prison, Smith said.
"She's is very scared, not only for herself, but of course, for this other young lady," Smith said. "I know her her family has received many, many threats.
"And they are scared too, not only for themselves, but what's happening to their daughter. So it's just such a traumatic, tragic, tragic event. And at this time, we're hoping that this young lady is OK. And I know my client wants everyone to know that."
On Friday, the Hazelwood School District provided the following statement in response to Missouri Attorney General Andrew Bailey's latest investigation into the incident:
"The Hazelwood School District takes great pride in its commitment to promoting diversity, equity, and inclusion (DEI) within the Hazelwood School District community. DEI is a core value that guides our efforts to create a safe and supportive learning environment for all students. By embracing diversity and promoting equity and inclusion, we are better able to prepare our students for success in an increasingly diverse and interconnected world. Contrary to recent statements, HSD does not prioritize DEI initiatives at the expense of student safety. Rather, we believe that fostering an inclusive environment is essential to ensuring the well-being of every member of our school community. Our priority remains the safety and well-being of our students. We reaffirm our unwavering commitment to promoting diversity, equity, and inclusion within the Hazelwood School District. These values are not negotiable, and we will continue to prioritize them in all aspects of our work as community leaders."