Maurnice DeClue, Accused of Beating Kaylee Gain, Will Stay in Custody

The juvenile officer in the case recommends DeClue not be tried as an adult, but a judge has the final say

May 10, 2024 at 11:59 am
16-year-old Kaylee Gain is now at home after a hospital stay following a brutal assault near Hazelwood East High School, her family says.
16-year-old Kaylee Gain is now at home after a hospital stay following a brutal assault near Hazelwood East High School, her family says. VIA GOFUNDME https://www.gofundme.com/f/kaylees-recovery-funds

Dozens of loved ones, community members and faith leaders held their breath as the judge presiding over Maurnice DeClue’s certification hearing weighed whether to release the St. Louis County teenager from its juvenile detention center while she awaits trial.

Nearly two months after DeClue was captured on video delivering a brutal beating that left another teen hospitalized, the 15-year-old sat next to her attorney in the small courtroom and held her hands before her face, forehead resting against her fingertips as if in prayer. 

“The motion is denied,” St. Louis County Circuit Court Judge Jason Dodson ruled. She wouldn’t be going home today. 

Some in the overflow room watching the scene unfold began crying, while others spoke up, outraged. DeClue had been in the top tier, “mastery” for good behavior in the juvenile detention center and had no negative notes in her file.

The reason the motion was denied? Judge Dodson referred to the numerous death threats the teen has received since rightwing media first picked up the video of her fight with Kaylee Gain near Hazelwood East High School back in March.

On March 10, right wing propaganda machine Libs of TikTok posted a video of the fight to X, saying: “GRAPHIC: A student in @HazelwoodSD is in the hospital in critical condition after being brutally beaten with her head smashed against the pavement by a mob of students. Multiple people watch and do nothing. You won’t hear about this story on the MSM” [mainstream media].

The video shows DeClue brutally beating Gain and repeatedly smashing her head into the pavement.

click to enlarge The video that shows Maurnice DeClue beating a student now identified as Kaylee Gain quickly went viral. - SCREENSHOT VIA X
SCREENSHOT VIA X
The video that shows Maurnice DeClue beating a student now identified as Kaylee Gain quickly went viral.

Gain suffered traumatic brain injuries in the beating and was in critical condition for more than a week. DeClue has been charged with assault in the first degree.

The main reason for Friday’s hearing was to hear arguments as to whether DeClue would be tried as a juvenile or an adult given the severity of the assault. 

It was the recommendation of the Juvenile Office that she remain in the juvenile court system. The office of St. Louis County Prosecuting Attorney Wesley Bell did not object and instead deferred to the judge.

The juvenile officer responsible for the case said she has spoken with DeClue every week since her detention and also spoken numerous times with her mother. She cited DeClue’s stellar track record at the detention center, saying she has had no negative encounters and has only received positive feedback. She said DeClue had a 3.2 GPA at Hazelwood East, followed all her parents' rules and had never been in trouble before.

DeClue’s sophistication and maturity matched that of an average 15-year-old, the officer testified, saying that she believes DeClue lives in a stable home and could benefit from the programs the juvenile system offers.

The juvenile officer acknowledged via questioning by DeClue’s defense attorney that, according to the police report of the assault, Gain threw the first punch. Gain had also been suspended the day prior to the fight for fighting.

When asked if the crime involved viciousness, force, and/or violence, the officer answered “yes.”

After the officer gave her testimony and recommendation, DeClue’s defense attorney called her Spanish teacher at Hazelwood East, Richard Bly, as a witness. The teacher glowed with praise for DeClue and said she was a model student who actively participated and excelled in his class.

DeClue’s mother, Consuella, described her daughter as a “dynamic learner,” who skipped seventh grade. Her lawyer mentioned she has dreams of attending a historically Black college or university after high school.

Consuella DeClue said she uses the family location app Life 360 on her daughter’s phone and that DeClue completes chores around the house and follows all of their rules. Her dad drives her to school every day and she enjoys reading with her mother, she added.

As for DeClue’s victim, Gain, her stepmother read a statement on behalf of the family, largely detailing the serious injuries Gain suffers from.

The stepmother, who was allowed not to use her name in open court, spoke of pacing the hospital for hours after the attack, wondering if Gain would live or die. She says they learned that if the paramedics were even a few minutes late,Gain would have died. Now, Gain has to relearn how to walk, speak and brush her teeth and is going through intense therapies to regain her health. Her siblings require therapy because of the attack.

“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 said.

When Consuella DeClue spoke at the end of the hearing, it was through tears. 

“My family, my church, we all prayed for KG [Kaylee Gain],” she said. “I think she 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 judge will make his decision as to whether to try DeClue as an adult at a later date.

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