ST. LOUIS (KMOX) - A judge has ruled the 15-year-old juvenile charged with assaulting Kaylee Gain will remain under the jurisdiction of the Juvenile Office of St. Louis County Courts and will not be tried as an adult.
Gain was critically injured and hospitalized following a fight that unfolded in March at the intersection of Norgate and Claudine near Hazelwood East High School.
The fight went viral on social media, with a video showing the girl slamming Gain's head into the ground multiple times.
KMOX spoke with the juvenile's attorney Greg Smith about the decision.
"We're very happy with the judge's ruling," Smith says. "All along we've said that we believe that my client should stay in juvenile court."
Smith says this ruling could likely change their defense strategy.
"In the juvenile court there are no juries. If the case were to go to a trial and be tried it would be in front of a judge." said Smith.
Smith says the case now being a bench trial could change their approach but Says the rules are still the same.
"She's presumed innocent, the standard of proof is proof beyond a reasonable doubt. We have all those defenses at our disposal." said Smith
Juvenile records are typically closed records and cannot be shared or discussed outside of the proceedings.
However, Smith says the assault charge against his client is a class A, which could make the trial public.
"Because of the degree of the felony I believe it still is open." said Smith.
KMOX has contacted the attorney representing Gain and is awaiting their response. At the end of March, Gain's parents released a statement through their attorney Bryan M. Kaemmerer announcing that they wanted the teenager to be tried as an adult.
This story is breaking and more will be updated.