ST. LOUIS – A juvenile officer recommends that a teenage suspect accused in an off-campus fight near Hazelwood East High School be tried as a juvenile rather than an adult.

The recommendation came during a certification hearing on Friday. The suspect, a 15-year-old girl, was previously charged with assault as a juvenile prior to the recommendation.

The suspect was involved in a fight that left 16-year-old Kaylee Gain hospitalized with a skull fracture and brain bleeding, leaving her in critical condition at the time. A viral video showed Gain and other students fighting near the high school in early March.

On Friday, the juvenile officer testified that the 15-year-old does not have a record. Her attorney offered remarks that she has great character and is an outstanding student.

“I think she is a fantastic kid,” said attorney Greg Smith. “She is very smart, she’s very bright. She is respectful, she’s everything we would want in a child, and she is a child, let’s not forget that. Sometimes children get involved in things that mom and dad cant control. That’s why we have juvenile courts and that’s why she should stay in juvenile courts.”

Meanwhile, the judge denied a motion to release the suspect.

“With respect to the detention, I’m disappointed with the court’s ruling,” said Smith. “She’s been in detention two months now…she’s done fantastic in detention. She actually reached their highest level of behavior as soon as possible. I think (the judge should) release condition to keep her home with mom and dad.”

Advocates for the teenage suspect gathered outside the courts and claimed Gain bullied her. They contended that she doesn’t deserve adult charges because she wasn’t in trouble prior to the fight.

Gain’s family says she’s back home now and her condition has improved, but she’s scheduled to undergo another skull surgery. They also say she’s still going through speech therapy and experiencing short-term memory loss.

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Gain did not attend the hearing. The Gain family read a lengthy impact statement in court. Outside the courtroom, their attorney reiterated it.

“It was a horrifying image, one that will live forever in our memories, and it’s something we pray no other parent ever has to experience,” said Bryan M. Kaemmerer, the family’s attorney at the law firm McCarthy, Leonard & Kaemmerer. “A terrible choice was made by the two teenage girls to solve their issues through violence. This caused one of them to go too far with her bare hands and concrete road.”

No decisions were made Friday on whether to move forward with the recommendation. The judge took the case under advisement and it’s unclear when a ruling will be issued.

NOTE: Authorities will not release the names of any juveniles involved in the fight unless they are certified as adults.

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