Kaylee Gain's 15-year-old attacker will not be tried as an adult after court was told Gain is a serial bully who'd tormented her assailant

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. 

Kaylee Gain, the 16-year-old seen being brutally beaten by a fellow student in a now-viral video filmed in March, was a serial bully who started the fight, a juvenile officer testified 

Footage of Gain, 16, being attacked by fellow student Maurnice Declue, 15, went viral, as Gain was seen being body slammed into concrete 

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. 

The officer cited both girls' school records, and said Gain was a serial bully at her school who picked on Declue before their fight, and had been suspended the day before for another fight. 

It was also recently revealed that Declue was an honor student who skipped the seventh grade, and has been said to have been on good behavior while locked up in juvenile detention. 

The defense also produced several witnesses, including both girls' teachers, who revealed Declue never before had any behavioral problems, as the officer suggested she had been baited into the fight by the serial offender.

Spanish teacher Richard Bly praised Declue as a 'model student' who behaved well in his class, further revealing how her grades were so good, she had skipped the 7th grade and was one of the youngest kids in class. 

Kaylee was left in a coma after suffering severe head injuries during the fight, and only began walking two months after the incident 

The Missouri teen's family say she has been recovering well, but has no memory of the attack and has had to relearn to talk 

Gain's stepmother, allowed to stay anonymous, said during the same hearing: 'A terrible choice made by two teen girls to solve their issues through violence caused one to go too far with her bare hands and a concrete road.' 

She detailed how Gain has had to relearn to walk and talk as she recovers from the injuries, is still experiencing memory loss and has been forced to wear a custom-made helmet to protect her brain.

Declue's mother, Consuella Declue, tearfully added: 'My family, my church, we all prayed for KG [Kaylee Gain].

'I think [my daughter] was just defending herself, I don't think she had any intent or thought this would happen.

'We are very sorry,' she concluded, adding that her daughter regretted the incident, but still was acting in her self-defense. 

Gain's family said she has 'improved considerably' since the incident, but is still missing part of her skull and will need to undergo additional surgeries to have it reattached.

Lawyer Bryan Kaemmerer wrote in a statement: 'While hospitalized, Kaylee underwent a craniectomy which is a neurosurgical procedure that involved removing a portion of Kaylee's skull in order to relieve the pressure on her brain.

'The portion of Kaylee's skull that was removed still has not been put back in place,' he added, weeks after the father of the St. Louis schoolgirl whose beating horrified much of the nation revealed she endured a childhood marred by drugs.

Clinton Gain, 41, told The New York Post, the pair had agreed to the fight, producing text messages between the two as proof. 

Gain's father, Clinton Gain, 41, (pictured together in her childhood) revealed that her childhood was marred by both parents' drug addictions 

Clinton Gain said that his daughter and her attacker agreed to meet up before the fight so they could 'settle' a weeks-long feud 

He admitted that a period of dysfunction and instability involving him and the girl's mother predated the footage, offering an account that somewhat coincided with the juvenile officer's on Friday.

'She was just a normal kid,' Clinton said, recalling how he and Kaylee’s mother, April Nordstrom, were both addicts during her youth.

'We tried to give them some stability and structure', he went on, before conceding that she indeed suffered during those years.

Things got worse, he said, when the couple split up - back when Kaylee was only five.

This left her and her little brother to live with Nordstrom, he said - when she was still knee-deep in addiction.

Eventually, when Kaylee was 8, he said, the situation became so bad that both kids were sent to live with their grandparents for around two years.

He said her childhood continued up and down as Kaylee yearned for her mother - who he said had also kicked her drug habit - but after Kaylee moved in with her, the teen's behavior spiraled. 

Following the viral fight, he told the Post that both girls had been insulting each other for weeks before the fight, and 'they both agreed to the fight, to meet up and settle what was going on.'