Missouri, St. Louis - Teenage girl critically injured after brutal fight with another female teen near Hazelwood East High School, 8 March 2024

[al66pine]

MO. Criminal Code. If tried as an adult, a defendant may face 1st degree ASSAULT charge.*

"565.050. 1... KNOWINGLY CAUSES or attempts to cause SERIOUS PHYSICAL INJURY to another person."
"565.050. 2.... Class B UNLESS...the person inflicts SERIOUS PHYSICAL INJURY... a class A felony."
(^ sbm. I added CAPS in ¶'s ^.)

Serious physical injury (vic. in hosp. 14? days) is a lock imo.

Statute. "ACTS KNOWINGLY"
** "562.016. Culpable mental state."
"3. A person "acts knowingly"...:
"(1) With respect to... her conduct or to attendant circumstances when...she is aware of the nature of... her conduct or that those circumstances exist; or
"(2) ...when... she is aware that... her conduct is PRACTICALLY CERTAIN to cause that RESULT."
(sbm, I added CAPS in ¶'s ^.)

Imo, gonna be tough for assailant to convince jurors she was not aware of the CIRCUMSTANCES, after
- assailant pushed KG (not inanimate object or mannequin)
- onto paved street (not grass, hay mound, or mattress)
- to a supine position, KG on back, face up,
- assailant moved to her knees, to straddle? over KG's torso,
- assailant ____ (further battered her?)
- assailant bashed KG's head into concrete (not sofa cushion)
- repeated that action 2? or 3? times.

While/after bashing KG's head into the concrete, multiple ppl at scene took actions to try to remove assailant from assault/battering KG & asked/told the assailant to stop.
(Sorry no quotes on stmts, as I'm fuzzy on some of this sequence & content of audio.)

Assailant continued assault/battering.
_?_ sec., later, assailant withdrew from physical entanglement.

Q1. Has anyone clocked the timing
from assailant's first hit/fist/jab/kick ---
until the asssailant first bashed KG's head into the concrete?

Q2. Or the number of seconds from assailant's first hit/fist/jab/kick ---
until assailant withdrew from further contact w KG?

If more than 1 or 2 seconds, is that enough time to establish that assailant acted KNOWINGLY, aware of own conduct or aware
her conduct is PRACTICALLY CERTAIN to cause" serious physical injury?
Thoughts?

Anyone pls & TYVM.

_______________________________
* 565.050. Assault Offense & Class of Crime

565.050

Assault, first degree, penalty.

revisor.mo.gov

** 562.016 Knowingly defined

562.016

Culpable mental state.

revisor.mo.gov

 

[pukasonqo2]

One way or another there are only losers in this story, 2 girls now have their future ruined
I really hope KG recovers fully from the attack but we’ll have to wait and see
TBH regardless if KG and this girl had history the level of violence inflicted on KG was horrendous, nothing justifies this behaviour

 

[SteveP]

MO. Criminal Code. If tried as an adult, a defendant may face 1st degree ASSAULT charge.*

"565.050. 1... KNOWINGLY CAUSES or attempts to cause SERIOUS PHYSICAL INJURY to another person."
"565.050. 2.... Class B UNLESS...the person inflicts SERIOUS PHYSICAL INJURY... a class A felony."
(^ sbm. I added CAPS in ¶'s ^.)

Serious physical injury (vic. in hosp. 14? days) is a lock imo.

Statute. "ACTS KNOWINGLY"
** "562.016. Culpable mental state."
"3. A person "acts knowingly"...:
"(1) With respect to... her conduct or to attendant circumstances when...she is aware of the nature of... her conduct or that those circumstances exist; or
"(2) ...when... she is aware that... her conduct is PRACTICALLY CERTAIN to cause that RESULT."
(sbm, I added CAPS in ¶'s ^.)

Imo, gonna be tough for assailant to convince jurors she was not aware of the CIRCUMSTANCES, after
- assailant pushed KG (not inanimate object or mannequin)
- onto paved street (not grass, hay mound, or mattress)
- to a supine position, KG on back, face up,
- assailant moved to her knees, to straddle? over KG's torso,
- assailant ____ (further battered her?)
- assailant bashed KG's head into concrete (not sofa cushion)
- repeated that action 2? or 3? times.

While/after bashing KG's head into the concrete, multiple ppl at scene took actions to try to remove assailant from assault/battering KG & asked/told the assailant to stop.
(Sorry no quotes on stmts, as I'm fuzzy on some of this sequence & content of audio.)

Assailant continued assault/battering.
_?_ sec., later, assailant withdrew from physical entanglement.

Q1. Has anyone clocked the timing
from assailant's first hit/fist/jab/kick ---
until the asssailant first bashed KG's head into the concrete?

Q2. Or the number of seconds from assailant's first hit/fist/jab/kick ---
until assailant withdrew from further contact w KG?

If more than 1 or 2 seconds, is that enough time to establish that assailant acted KNOWINGLY, aware of own conduct or aware
her conduct is PRACTICALLY CERTAIN to cause" serious physical injury?
Thoughts?

Anyone pls & TYVM.

_______________________________
* 565.050. Assault Offense & Class of Crime

565.050

Assault, first degree, penalty.

revisor.mo.gov

** 562.016 Knowingly defined

562.016

Culpable mental state.

revisor.mo.gov

First physical contact between the two was at about the .06 second mark of the video. KG was on the ground at the .07 second mark, and DM was hitting her with fists repeatedly until about the .13 second mark, at which time she straddled her, and lifted her upper body, and slammed her head into the concrete a total of three times on video, and she stopped at about the .16 second mark. Start to finish, the brutal assault lasted maybe 10, no more than 11 seconds. I will not post the link to the video here, as I am sure anyone who can stomach seeing it and wants to, already has. It is easily found for those who may want to verify my times.

Is 10 seconds long enough to form premeditation to attempt to seriously injure or kill someone. We know that, legally, premeditation can be formed in a moment. I would say yes. Could a blind rage last the entire 10 or 11 seconds, or even just the last few seconds of it, causing the attacker to not be aware of seriousness of the beating she was administering? I don't know, but I think it could be possible. These are the questions that a court is going to most likely have to consider, and I would not wish to be on that jury. As someone posted upthread, no matter how you feel about it, two young lives have likely been permanently destroyed by basically 10 seconds. JMO

 

[Allabouttrial]

While/after bashing KG's head into the concrete, multiple ppl at scene took actions to try to remove assailant from assault/battering KG & asked/told the assailant to stop.
(Sorry no quotes on stmts, as I'm fuzzy on some of this sequence & content of audio.)

SBM

Just to clarify, only one person started punching the assailant and this was before she straddled KG. The adult then proceeded to push the person off the assailant, it was after that when she straddled and bashed KG's head. The only time the word 'stop' was used was after the assailant was off KG and other fights were breaking out.

 

[mickey2942]

I was thinking that if the perpetrator had been in Special Education, there would have been a semi justification for possibly allowing that the perpetrator had mental or emotional deficits, and could be used to allow perpetrator to get juvenile charges.

But, it seems like the perpetrator is extremely gifted, on the honor roll. definitely no cognitive deficits. No other history of criminal behavior, although, school incidents can be reviewed.

Attorney explains what's next for suspect in Hazelwood East student beating case

The 15-year-old's juvenile history and character will be considered during a hearing to determine whether she will be charged as an adult, defense attorney said.

www.ksdk.com

 

[GoBuckeyes]

That's what I took from it too. They just want the circumstances leading up to the incident to be taken into consideration.

I think that's a reasonable thing for them to request.

I don't think it's reasonable at all. If the attacker pulled out a gun and shot the victim in the head, causing permanent brain damage, no one would care what led to it. The method by which she inflicted the damage shouldn't matter. But it's worse in this case because, with her own hands, she repeatedly slammed the victim's head into the ground. She had numerous opportunities to stop. She didn't.

 

[al66pine]

How Long Was "Engagement?"

First physical contact between the two was at about the .06 second mark of the video. KG was on the ground at the .07 second mark, and DM was hitting her with fists repeatedly until about the .13 second mark, at which time she straddled her, and lifted her upper body, and slammed her head into the concrete a total of three times on video, and she stopped at about the .16 second mark. Start to finish, the brutal assault lasted maybe 10, no more than 11 seconds. I will not post the link to the video here, as I am sure anyone who can stomach seeing it and wants to, already has. It is easily found for those who may want to verify my times.

snipped for focus @SteveP
Thank you very much for clocking crucial points of the engagement between unnamed assailant & KG.

A v short window.

 

[GRT]

I don't think it's reasonable at all. If the attacker pulled out a gun and shot the victim in the head, causing permanent brain damage, no one would care what led to it. The method by which she inflicted the damage shouldn't matter. But it's worse in this case because, with her own hands, she repeatedly slammed the victim's head into the ground. She had numerous opportunities to stop. She didn't.

I agree and disagree.

There's a big difference (to my mind) between justification and reason. As you point out, nothing justifies the level of violence the attacker used, but there just may be a reason, and that reason (if it exists) is vital to understanding what happened, and preventing future similar incidents.

Consider battered woman syndrome (BWS). The psychology is based on the woman being emotionally (and/or physically) beaten down until she can't take it anymore, snaps, and does something terrible.

In this case, the attacker's family has publicly stated that she was bullied. Until there's a court case, we may never know that for sure, but, MOO, the same dynamics might be present if that were the case.

Keep in mind, I'm not saying it's true--just that a victim of bullying suffers from a power imbalance that could potentially lead to them acting out in a manner that is way overboard.

Again, I'm not saying that happened. I'm just saying that the dynamics can be similar and we (or, the court) absolutely should look into whether there was an outside catalyst that led up to the violent event.

But still, the attacker could not control herself and that, in and of itself, has to be given the most weight.

But, I've never known a situation where seeking more knowledge was unwarranted. More knowledge shines a brighter and clearer light on all situations.

All JMOO

 

[SteveP]

I have a question for someone with more medical knowledge than I have, about Kaylee's condition update. Her mother has reported that she is stable, breathing on her own, and has been taken out of ICU. That is great news, and I pray that she continues to improve. I do assume that she is still in a coma, however, as her mom did not specifically say that she has regained consciousness. Would that be a likely assumption, and would this mean that she probably is not responding to stimuli yet, or is it a sign that she may be coming out of coma, or does it not necessarily mean either? Does it likely mean that doctors still cannot assess her level of brain damage? Thankfully, I have no first hand experience of being close to someone who has ever been comatose.

 

[mickey2942]

Attorney explains what's next for suspect in Hazelwood East student beating case

The 15-year-old's juvenile history and character will be considered during a hearing to determine whether she will be charged as an adult, defense attorney said.

www.ksdk.com

I had to quote this article again, because it seemed egregious to me that in the article, it mentions "community service" as a possible punishment. Stunned to even see this printed.

There is no way, that type of aggression and violence can be considered for "community service" as a means of restitution. And honestly, the brutality, demonstrated to me, that this was not the first time that the perpetrator had been involved in an altercation.

 

[al66pine]

Community What? "Service" or "Supervision"

Attorney explains what's next for suspect in Hazelwood East student beating case

The 15-year-old's juvenile history and character will be considered during a hearing to determine whether she will be charged as an adult, defense attorney said.

www.ksdk.com

I had to quote this article again, because it seemed egregious to me that in the article, it mentions "community service" as a possible punishment. Stunned to even see this printed.
There is no way, that type of aggression and violence can be considered for "community service" as a means of restitution. And honestly, the brutality, demonstrated to me, that this was not the first time that the perpetrator had been involved in an altercation.

@mickey2942 Good article.
Looks like ^ post refers to the assailant's atty's stmts* about possible outcomes thru juvenile (not adult crim.) proceedings.

MSM article says atty says "Community Supervision" not "Community Service." Two different things.

Agreeing w you that "Community Service" does not seem like an appropriate means of restitution for violence like this.
imo
________________________________
* "Should his client be convicted as a JUVENILE, Smith said the punishment ranges from:
"Community SUPERVISION: It is like PROBATION, in which a deputy juvenile officer would supervise her and require routine meetings and any other conditions a judge would impose." (<- my CAPS)

Attorney explains what's next for suspect in Hazelwood East student beating case

The 15-year-old's juvenile history and character will be considered during a hearing to determine whether she will be charged as an adult, defense attorney said.

www.ksdk.com

 

[Laughing]

Outrage as family of Kaylee Gain attacker launches petition calling on authorities not to charge her as an adult

The petition, set up by the suspect’s aunt, was slammed as ‘insane’

au.news.yahoo.com

"plays the violin in the school orchestra"

yet risks both her hands in the video posted?

“multilingual, speaking four languages including Spanish and Korean"

Speaks four languages?

Yet chose physical violence to address a problem....

Prayers for KG & her family & friends, and justice.

jmho ymmv lrr

 

[al66pine]

Assailant is Multilingual? English, Spanish, Korean, & What?

Outrage as family of Kaylee Gain attacker launches petition calling on authorities not to charge her as an adult

The petition, set up by the suspect’s aunt, was slammed as ‘insane’

au.news.yahoo.com

"plays the violin in the school orchestra"
yet risks both her hands in the video posted?
“multilingual, speaking four languages including Spanish and Korean"
Speaks four languages?
Yet chose physical violence to address a problem....
Prayers for KG & her family & friends, and justice.
jmho ymmv lrr

@Laughing Thx for your comment about a school violinist risking hands. In a fist fight!

<modsnip: off topic> I wonder what her other (fourth?) language is.

From info in family’s public releases, she APPEARS to be an accomplished & talented teen. imo

 

[mickey2942]

Sports

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heavy.com

Good news? Kaylee is out of ICU. Breathing on her own. That is good. But, I believe that in a week or so, without additional change, patients who are stable are usually moved to a rehabilitation facility.

 

[BeginnerSleuther]

Sports

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heavy.com

Good news? Kaylee is out of ICU. Breathing on her own. That is good. But, I believe that in a week or so, without additional change, patients who are stable are usually moved to a rehabilitation facility.

There's no hard and fast rule on timeline for rehab, but patients going to rehab have to be conscious and have at least a minimal level of mobility and cognitive awareness to participate in physical therapy. Kaylee is nowhere near that from what we're hearing. If she is moved to rehab, then she's actually doing much, much better than the MSM would have us believe.

 

[Puzzles8]

Sports

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heavy.com

Good news? Kaylee is out of ICU. Breathing on her own. That is good. But, I believe that in a week or so, without additional change, patients who are stable are usually moved to a rehabilitation facility.

I don't know whether this is good news or not. She has been in a coma for over two weeks. IMO, she was moved out of the ICU only because her physical vital signs have stabilized. There have been no statements regarding signs she is coming out of the coma. Two to four weeks in a coma is a very critical time in terms of eventual outcome.

Praying she turns a corner soon in her recovery.

JMO

 

[mickey2942]

There's no hard and fast rule on timeline for rehab, but patients going to rehab have to be conscious and have at least a minimal level of mobility and cognitive awareness to participate in physical therapy. Kaylee is nowhere near that from what we're hearing. If she is moved to rehab, then she's actually doing much, much better than the MSM would have us believe.

"Rehabilitation", as you may know, is often a euphemism for "long term care". If she doesn't make any benchmarks, it will be a discussion on placement next. Usually called, "Rehabilitation" for the first 89 days, where the patient gets more involvement with PT to maintain muscle tone, no improvement, at 89 days, it is LTC.

 

[BeginnerSleuther]

"Rehabilitation", as you may know, is often a euphemism for "long term care".

In the hospitals I've worked at, rehab is rehab or SNF and LTC is LTC.

Regardless, I think she's too acute to be sent anywhere. I don't know of any LTC facility or nursing home that would take her based on what we know. A nursing home or LTC facility is for people who are chronically ill or there are at their new baseline following injury or illness. It's entirely too early to determine that with Kaylee. Her brain hasn't healed yet. Too much risk in sending someone who is still medically ill and I doubt any facility would accept her right now.

If she doesn't make any benchmarks, it will be a discussion on placement next. Usually called, "Rehabilitation" for the first 89 days, where the patient gets more involvement with PT to maintain muscle tone, no improvement, at 89 days, it is LTC.

Again, there is no timeline on this. Different injuries require different judgment. Someone with a stroke may be treated as you say or someone with cancer or even a less severe brain injury. In Kaylee's case, none of us can say since we don't have her medical records, but it's very highly unlikely anyone will be concerned with placement by next week.

 

[SteveP]

In the hospitals I've worked at, rehab is rehab or SNF and LTC is LTC.

Regardless, I think she's too acute to be sent anywhere. I don't know of any LTC facility or nursing home that would take her based on what we know. A nursing home or LTC facility is for people who are chronically ill or there are at their new baseline following injury or illness. It's entirely too early to determine that with Kaylee. Her brain hasn't healed yet. Too much risk in sending someone who is still medically ill and I doubt any facility would accept her right now.



Again, there is no timeline on this. Different injuries require different judgment. Someone with a stroke may be treated as you say or someone with cancer or even a less severe brain injury. In Kaylee's case, none of us can say since we don't have her medical records, but it's very highly unlikely anyone will be concerned with placement by next week.

I posed some questions last evening, that I was hoping you would reply to. Realizing you have no personal knowledge, what might you take from the statement that she is stable and has been removed from ICU? I assume she is still comatose, because her mother did not say she has regained consciousness, but can you make any educated guesses about where she may be now as far as possibly coming out of her coma, or do you think she likely still is not repsonding to stimuli, etc? I take it you feel doctors probably still have no idea of the extent of her brain injury??

 

[airportwoman]

I have a question for someone with more medical knowledge than I have, about Kaylee's condition update. Her mother has reported that she is stable, breathing on her own, and has been taken out of ICU. That is great news, and I pray that she continues to improve. I do assume that she is still in a coma, however, as her mom did not specifically say that she has regained consciousness. Would that be a likely assumption, and would this mean that she probably is not responding to stimuli yet, or is it a sign that she may be coming out of coma, or does it not necessarily mean either? Does it likely mean that doctors still cannot assess her level of brain damage? Thankfully, I have no first hand experience of being close to someone who has ever been comatose.

My father met coma criteria after he had the massive stroke which led to his death in October 4 days later, at the age of 90. He had sleep and wake cycles, and recognized us; he was not on life support, and had an IV port installed for morphine, and a urinary catheter just so he wouldn't wet himself.

The Glasgow Coma Scale and how experts use it

What do the numbers of the Glasgow Coma Scale mean, and how does it add up to affect care for nervous system conditions?

my.clevelandclinic.org

I just checked the Missouri CaseNet website, and so far, the suspect has not been charged as an adult.