Missouri prosecutors say teen charged in brutal attack on Kaylee Gain should be tried in juvenile court

Declue is currently being held at the St. Louis Juvenile Detention Center pending further proceedings. During a hearing at St. Louis Family Court on Friday, the juvenile officer recommended that Declue remain within the juvenile court system. County Prosecutor Wesley Bell did not contest this recommendation, deferring the decision to the judge, who is expected to make a ruling soon.

The court also determined that Declue should stay in the detention center for her own safety as well, as she has had threats made against her due to the viral video, according to the Riverfront Times.

Declue has alleged that Gain initiated the physical altercation, for which Declue has been charged with felony assault after Gain suffered severe brain damage. Declue can be seen on video beating Gain near Hazelwood East High School in Missouri and repeatedly slamming her head into the concrete sidewalk.

In the court testimonies, both sides confirmed that Gain had initiated the fight with Declue and was suspended for fighting another student the previous day. Both sides also agreed that Gain was seriously injured after what prosecutors characterized as a “brutal 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,” said Gain’s stepmother in a statement.

Gain’s condition has “improved considerably,” but her stepmother explained that she will have to relearn how to walk and speak. Gain is suffering from short-term memory loss in addition to requiring additionl surgeries to have a portion of her skull reattached.

“While hospitalized, Kaylee underwent a craniectomy which is a neurosurgical procedure that involved removing a portion of Kaylee’s skull in order to relieve the pressure on her brain,” explained lawyer Bryan Kaemmerer in a statement. “The portion of Kaylee’s skull that was removed still has not been put back in place.”