CLAYTON, Mo. — A certification hearing was scheduled Monday for the 15-year-old Hazelwood East High School student accused of beating a classmate so severely that she suffered brain damage.
The suspect’s family has identified her as Maurnice DeClue, and the victim’s family has identified the victim as 16-year-old Kaylee Gain, but Judge Jason Dodson referred to them during the 15-minute hearing Monday only by their initials to protect their status as juveniles.
Juvenile officers asked Dodson for another 30 days to complete their pre-disposition investigation, which will include meeting with DeClue and social workers. Dodson granted that request, scheduling another status conference hearing for May 1.
DeClue’s attorney, Greg Smith, asked that the mandatory certification hearing for his client be scheduled as soon as possible, and all agreed on May 10. Juvenile officers have recommended DeClue be charged with first-degree assault, which automatically means she will have a hearing to determine whether she will be charged as an adult.
Dodson explained the proceedings to DeClue and Gain’s parents, who were in the courtroom. Reporters and activists watched the proceeding on a TV in an overflow room, which showed only the judge and not the rest of the courtroom.
The fight between Kaylee Gain and Maurnice DeClue happened March 8, about a mile away from the high school they attend in north St. Louis County.
Gain had been suspended for fighting a different student the day before.
DeClue’s attorney told reporters Monday about his client, noting a suspect’s history – or lack thereof with the juvenile system – is a factor in determining certification.
“She's had no history with the juvenile court, none,” Smith said. “She has been the victim of bullying.
“But there are other facts that we're going to save for court.”
Cellphone video of the fight spread on social media, prompting politicians and activists to get involved.
Attorney General Andrew Bailey believes DeClue should be charged as an adult. St. Louis County NAACP leaders attended Monday’s hearing to support DeClue, who is Black. Gain is white.
In a statement issued Friday, Gain family attorney Bryan Kaemmermer said Gain has been moved out of the ICU, begun speech therapy and has gone on a few short walks with the assistance of hospital staff.
Kaemmermer 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 the post on X was made by someone who misspelled her name, and she would not have access to social media while in custody.
Smith shot back Monday following the hearing, confirming his client did not make the post.
“Apparently, when you draft letters, facts aren't really that important,” Smith said.
In court Monday, the judge noted he is purposely avoiding social media on the case.
Kaemmermer also wrote in his statement Friday that Gain’s mother did not drive Gain to the fight – another rumor floating around on social media.
Kaemmermer released another statement Friday evening on behalf of Gain's family, who acknowledged that the debunked social media posts were not written by DeClue.
"The timing of events that transpired in the hours and days after the family became aware of Kaylee's attack, including when they were first made aware of these social media posts, are understandably difficult to recall given how shocked and saddened they were to learn of what happened. The family is thankful that the accused apparently did not post these entirely distasteful messages. This does not, however, change the fact that the family firmly believes that there is more than sufficient evidence for the accused to be tried as an adult."
The statement added that while the family was "encouraged" to hear that DeClue wanted to apologize to Gain, it didn't change their belief that she should be tried as an adult.