Posted on 05/22/2024 8:00:31 PM PDT by Morgana
The 15-year-old girl charged with brutally beating Kaylee Gain and leaving her in a coma will not be charged as an adult, a judge has ruled.
The decision followed testimony from a juvenile officer earlier this month, who claimed that Gain, 16, was a serial bully who tormented her attacker, Maurnice Declue, 15.
It was also alleged that Gain initiated the fight and threw the first punch, and was suspended for fighting another girl just the day prior.
On Wednesday, a St. Louis judge followed the officer's recommendation and decided that the case will remain in the juvenile court system.
Gain made national headlines and saw an outpouring of support after footage of her confrontation with Declue outside their school on March 8 went viral.
In the clip, Declue was seen slamming Gain's head into the pavement, which left her in a coma with severe brain injuries, and she only began walking again two months later.
Declue was charged with first-degree assault, and has remained in the juvenile detention system as she waited to hear if she would be tried as an adult.
But on May 10, months after the video circulated widely on social media, a judge heard testimony from the juvenile officer that went against the initial narrative of the fight.
(Excerpt) Read more at dailymail.co.uk ...
Maybe this fight was over a shared Romeo?
My first thought when I saw the pictures. Black women are very jealous of desirable black men cavorting around with white girls.
A lot of black guys prefer white girls, and regard it as a kind of status symbol to have a white girlfriend. This just leaves the black girls seething with rage at the white girl dumb enough to get herself into this situation.
When you are bashing someone's head into the concrete, you left "self defense" behind a long time ago.
The smaller girl was absolutely no threat to the bigger one, and to characterize this as a "self defense" situation is just misleading.
I am not making any excuses for the girl who slammed Kaylee’s head into the concrete. I agree that girl did not act in self-defense, as her family claims.
But, remember, the original story was that Kaylee was jumped by a group. That turned out to be false. In Court, both sides agreed this was a fight one girl took too far.
The only issue is whether she should be charged as a juvenile or an adult. I want to be clear: If she were charged as an adult, I would have no complaint. I just understand why she’s being charged as a juvenile.
To be charged as an adult, the Court considers certain factors, such as whether she is a repeat offender. The answer is no.
What really matters is the outcome of the trial. Will she be sentenced to a detention facility? Or will she be released and sent back to school? Even if she were charged as an adult, the latter could happen.
And so, do I. The prospective maximum sentence for a juvenile criminal is much lesser than the sentence for an adult. And courts are far more lenient with sentences for juveniles.
The objective is to get the assailant to plead to a misdemeanor of some kind and be released for time served. Quite frankly, it is because the assailant is Black, and her victim is White.
Had the races been reversed, the attacker would have certainly been charged as an adult with attempted homicide plus a few "hate crime" offenses piled on. And she would be rightly convicted too.
The injuries were inflicted in a sustained and deliberate manner resulting in permanent disability to the victim. That is a factor that the court should be considering. They are not doing that.
What we are hearing from the media is an orchestrated campaign of excuses for violent behavior by a member of a protected class.
With every story, everyone (on the Left, the Right, and in between) does the same thing: We think back to our own experiences, and we picture ourselves in someone’s shoes.
I agree with this point made by Eastforker: Let’s look at the story objectively.
This video shows more of the fight: https://x.com/BrendanMcInnis/status/1774082260570132693
It’s difficult to watch, but I watched it. These appear to be two groups fighting each other, just as the news is reporting.
What I see:
I can’t determine from the video whether Kaylee made the first move toward Maurnice (as was reported) or Maurnice and Kaylee went for each other at the same time.
Maurnice pulled Kaylee to the ground right away. Kaylee tried to fight back while on the ground.
A third girl came up and started hitting Maurnice from behind until that girl was pushed back by a fourth girl.
Then, Maurnice got on top of Kaylee, who at that point was defenseless, and slammed her head into the ground multiple times.
While Kaylee was unconscious on the ground, Maurnice jumped into the other fights.
Both Kaylee and Maurnice were there to fight. So, at the start of the fight, neither was acting in self-defense. They both showed up to fight each other.
But, when Maurnice gained the upperhand on top of Kaylee, she should’ve stopped there. Right then, she’d already beaten Kaylee in the fight.
But, she didn’t stop. She took things too far by slamming her head into the concrete repeatedly.
I get Eastforker’s point that, if you show up to fight, be prepared to finish it. But, Maurnice took things too far.
Laws of self-defense vary among the states, but it's a general rule that the right of self-defense ceases at a certain point.
For instance, if the other party retreats or is incapacitated.
I read that Missouri has no maximum sentence for a juvenile. A juvenile could be sentenced to life without parole. I wouldn't expect that outcome in this case, but she should be sentenced to time in a detention center.
If she were tried as an adult, a jury might sympathize with her, and she could be found not guilty and released, or guilty of a lesser offense.
In juvenile court, there is no jury. A judge decides. Some reports say that juvenile offenders receive longer sentences in juvenile court than adults receive for the same crimes.
We'll have to wait to see what happens in this case.
Missouri has guidelines to determine whether a juvenile offender should be tried as an adult, and she passed those guidelines because her record is clear. Do I believe she has never been in a fight before? No, I suspect she's never been caught.
You and I agree that she should serve time. We disagree on whether it matters if she's charged as an adult or a juvenile. We'll have to agree to disagree.
For the record, if Kaylee had been the one to lose control and bash Maurcine's head into the concrete in this fight, my position would be the same if she were charged as a juvenile, even though she's a year older and her school record is not clean.
Gotta be. Nothing enrages a feral Black female than a White woman who dates Black men.
Can you blame black men?
One of the things about Trump is that I believe he is creating a real schism between black men and black women. I think more and more black men are becoming Trump supporters, while the women pretty much are staying on the Rat Plantation.
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