Missouri schoolgirl Kaylee Gain is able to hold ‘limited conversations’ but is unable to understand why she is the hospital – as her lawyers are forced to admit posts made by her alleged attacker were fake.
Kaylee, 16, from St. Louis, was initially left in a life-threatening condition by Maurnice DeClue, 15, who repeatedly smashed her head into concrete during a violent altercation.
She suffered a skull fracture and frontal lobe damage during the violent March 8 brawl that was caught on camera near her high school, but has since been released from the intensive care unit.
A lawyer for her family revealed that Kaylee has been able to engage in ‘limited verbal conversations’ and has gone on a few short walks with the assistance of hospital staff.
Kaylee’s parents have slammed their daughter’s accused attacker, who is in custody, and demand that she is tried as an adult.
Lawyers for Missouri schoolgirl Kaylee Gain who allegedly head repeatedly smashed into the ground by Maurnice DeClue are forced to admit posts made by her alleged attacker were fake
Kaylee, 16, suffered a skull fracture and frontal lobe damage during the violent March 8 brawl which was caught on camera near her high school
DeClue’s parents reportedly told local media that she ‘wants to apologize’ to Kaylee, ahead of a court hearing on Monday
They initially took aim at social media posts they believed were made by DeClue, which referenced WWE and made light of the situation.
However, Bryan Kaemmerer, who represents Kaylee’s family, was forced to retract the claims made in his prior statement, admitting: ‘It appears that the social media posts that were made from an account bearing the name of the accused do not appear to be legitimate in light of additional details that have surfaced about the timing of the accused’s arrest, the accused’s lack of access to her phone after she was taken into custody, and metadata showing precisely when these posts were first published.’
He added Kaylee is recovering but ‘tends to reiterate the same short sentences over and over’, and that she doesn’t know why she is in the hospital.
DeClue’s parents reportedly told local media that she ‘wants to apologize’ to Kaylee, ahead of a court hearing on Monday.
They have been visiting DeClue while she remains in juvenile custody and claim police have complied messages on social media which allegedly include threats towards the teen.
His statement said that Kaylee’s family were ‘encouraged’ after DeClue’s parents said she wished to apologize for her actions ahead of her court hearing on Monday.
‘While these statements do not change the family’s position that it is appropriate for the accused to be tried as an adult, it is encouraging that the accused appears to be remorseful for what transpired during these unfortunate events,’ he added.
‘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.’
DailyMail.com revealed DeClue’s family said ‘cruel’ people have managed to get their fundraiser for legal fees taken down and that the 15-year-old is the real victim.
During a hearing at St Louis County Court on Monday, officials set a date for DeClue’s certification hearing on May 10, which will rule if she is tried as an adult for the first-degree felony assault charges.
Both sets of parents attended the hearing, with the judge advising DeClue’s parents Ronald, who attended court in a wheelchair, and Conseula that they have a right to a lawyer as well as their daughter,.
Gwendolyn, the aunt of DeClue, said that ‘cruel’ people have managed to get their fundraiser for legal fees taken down and that the 15-year-old is the real victim
DeClue’s aunt Gwendolyn claims the family’s CashApp account to raise funds has been removed over reports of a ‘scam’
DeClue’s aunt wrote on Facebook, ‘Folk are just really working hard to oppose our family’ after their CashApp account was reported as a scam
Both declined to comment when approached by DailyMail.com, but DeClue’s lawyer Gregory Smith added she was ‘doing well’ despite being in detention.
‘She’s a smart girl’, Smith said. ‘We’re doing what we can to protect her from it, but she has a good understanding of the law.’
Judge Dodson ordered both families to be escorted out of the courtroom separately – which he said was a usual practice in his courtroom. A pre-trial management hearing will also take place on May 1, nine days before the certification hearing.
The family of DeClue, who confirmed her name publicly in a statement to ‘address the misconceptions’ around her arrest, launched a fundraiser to raise $150,000 to assist with her legal fees after she was charged with felony assault.
A GoFundMe was removed from the site for breaching their terms and conditions, but the DeClue’s aunt Gwendolyn now claims that their CashApp has also been removed over reports of a ‘scam’.
Posting on social media she said: ‘People can be so cruel and they have worked really hard and succeeded to get the CashApp taken down as of this morning.
‘Some are saying it was a scam. It wasn’t a scam it was legit. If you would like to help in my niece legal support please reach out to us. Your help is truly appreciated.’
The fundraiser, which was removed by GoFundMe, said the teen was ‘unfairly’ painted as a bully and that she is the victim ‘in a complicated situation’. It raised nearly $3,000 before being taken down.
The page was set up on March 16, begging for help with her legal defense against the case, as her family claim that they have been targeted with ‘racist death threats.’
DeClue’s relatives say she ‘deserves amnesty and a chance at forgiveness’, adding that her ‘fair trial hearing is being swayed’.
However, Kaylee’s family have hit back at these claims – saying they are attempts to ‘downplay’ the accused’s actions by suggesting that by being in the choir and ‘multilingual’ makes her incapable of committing the violent act.
Speaking exclusively to DailyMail.com, the aunt of DeClue, claimed she was an honor roll student at Hazelwood East High School with an exemplary record and was ‘defending herself’ during the fight with Kaylee.
They have been visiting DeClue while she remains in juvenile custody and claim police have complied messages on social media which allegedly include threats towards the teen.
Her relatives created a Change.org petition, calling on the St Louis Juvenile Court to show ‘compassion’ to the schoolgirl, DailyMail.com previously revealed.
Missouri AG Andrew Bailey previously warned the brutality was a result of an obsession with woke DEI policies and the soft-touch approach to justice under former St. Louis DA Kim Gardner and current Rep. Cori Bush, a hardline progressive Democrat.
Kaylee’s family (her mother pictured here) were ‘encouraged’ after DeClue’s parents said she wished to apologize for her actions ahead of her court hearing on Monday
A lawyer for her family revealed that Kaylee has been able to engage in ‘limited verbal conversations’ and has gone on a few short walks with the assistance of hospital staff
A Change.org petition calls on the St Louis Juvenile Court to show ‘compassion’ to the schoolgirl.
So far more than 460 people have signed the plea, which claims the incident ‘being used to define her character and incite racial divisions and political strife with the MO AG calling on the courts to charge her as an adult.’
The petition is addressed to Chief Juvenile Officer Rick Gaines, and needs 500 signatures to escalate the issue to his office.
However a spokesman told DailyMail.com that only the judge presiding over the case can rule if the teen is charged as an adult, not Gaines, and the court is unable to comment any further.
Kaylee’s family say want ‘justice through the legal system’ – but pleaded with other teenagers not to retaliate against her alleged attacker.
Video of the incident circulated on social media showing another girl bashing the teen’s head into the concrete after throwing multiple punches and sending her careening to the ground.
Kaylee appeared to begin to have a seizure as groups of other teens brawled just feet away.
Police found the girl suffering from a serious head injury near the intersection of Norgate Drive and Claudine Drive, roughly a five-minute walk from the high school campus. She was taken to the hospital and remains in critical condition.