Kaylee Gain Update: Missouri AG Wants to Charge Black Teen in Viral Fight as an Adult, Accused of Stirring Up Racial Division for Political Gain in Fiery School District Response

Posted By Taylor Ardrey | Published on: March 30, 2024 

Reprinted By Imanche Sunday April 2, 2024

Missouri Attorney General Andrew Bailey is being called out for his stance where he insinuated that DEI policies contributed to the viral fight that left 16-year-old Kaylee Gain unconscious. 

The physical altercation between Gain, a white teen, and a 15-year-old student that occurred near Hazelwood East High School on March 8 made national headlines, and local leaders were quick to condemn the attack.

The incident was captured on video and showed Maurnice DeClue slamming Gain’s head onto the pavement, resulting in a fractured skull and brain bleeding. DeClue, who was identified by her parents in a petition filed with Change.org, was taken into custody and charged with assault. 

In response to the incident, Bailey said that the suspect, who is Black, should be “tried as an adult.” A sentiment shared also by Gain’s family due to “the particularly violent nature of this assault, and also taking into account the devastating injuries that Kaylee has incurred….”, reported KSDK.

A hearing is expected to take place in early April as the teen is still being held in custody at juvenile facility.

The petition called on officials to review her case with compassion, adding that she was harassed and bullied at the school and was only defending herself.

Last week, Bailey, a Republican, sent a letter to Hazelwood School District and announced that he’s spearheading a probe to examine how its “radical DEI programs resulted in such despicable safety failures.”

He is referring to the “Statement of Solidarity” that was implemented in 2020 after George Floyd’s murder to “seek to achieve greater equity and eliminate systemic racism and harm to our students, staff, and community.”  

Bailey said during an interview with Fox News, “Hazelwood owes the parents of the district and the entire community an explanation as to what role these radical programs and safety failures played here.” 

Bailey added that the school has DEI programs that “promote racial divisiveness at the expense of having uniformed police officers” present on campus. However, officials debunked his allegations and other inaccuracies in a scathing response. Noting that the incident took place outside of school hours and off campus.

Hazelwood School District’s attorney Cindy Reeds Ormsby addressed his claims in a letter dated Tuesday, March 26, and accused him of conducting an “incomplete investigation” and “spouting falsehoods” for his own political agenda.

Bailey pointed the finger at local media for the errors. KSDK noted that the news reports he cited in his letter were from years ago. 

“Do you value white students’ safety more than black students’ safety?”, Ormsby questioned in her response.

The takedown continued, “Do you honestly believe, again, without any official verification or specific knowledge, that the fight on March 8th was a result of a racial issue between the female students that was caused by the HSD belief in the importance of diversity, equity and inclusion for all? Do you represent all citizens of Missouri? Or only the white citizens?”

Missouri’s NAACP followed up with their own later, calling out Bailey’s lack of response when Black students faced discrimination on campus, some even killed. “Bailey’s blind eye to racism when the victim is Black is telling, but the use of the investigative power in his office to lift the harm suffered by a Caucasian student while ignoring the Black victims is nothing short of Jim Crow,” NAACP President Nimrod Chapel wrote.

“I believe his most egregious error in his original letter to the school district was the jump to the conclusion that the fight between the two high school females was based on race,” Ormsby told the outlet.”

The mother of the accused attacker is also concerned the incident is flaring up “racial divisions and political strife.”

Per KSDK, district employees have been met with backlash and threats since Bailey’s statements. Ormsby said that they are looking into pursuing legal action.

“The district is looking at all…its options here. It’s not backing down,” she added. “We’re looking at whether or not we’ll file an ethics complaint.”

This week, DeClue’s attorney revealed that Gain was suspended from school the day before the brawl involving his client. Attorney Greg Smith claimed it was because Gain got into a separate fight with another individual, which was the precursor to the events that left her hospitalized. Her family provided an update on her condition, saying she is now stable and breathing on her own.

“Kaylee is now out of the intensive care unit, and in the past few days Kaylee has been able to engage in limited verbal conversations,” read a statement released through Gain’s family lawyer Bryan Kaemmerer.