Family of Missouri teen Maurnice DeClue - charged with bashing Kaylee Gain's head into pavement - says 'cruel' people have wrongly reported fundraiser for legal fees as a scam

The family of the teenage girl charged with violently assaulting Kaylee Gain says 'cruel' people have managed to get their fundraiser for legal fees taken down as they claim she is the real victim, DailyMail.com can reveal.

Relatives of Maurnice DeClue, 15, who is in custody and appeared at a St. Louis, Missouri court hearing today, confirmed her name publicly in a statement to 'address the misconceptions' around her arrest.

Kaylee, 16, was initially left in a life-threatening condition by Maurnice, 15, who repeatedly smashed her head into concrete.

She suffered a skull fracture and frontal lobe damage during the violent March 8 brawl which was caught on camera near her high school. 

Kaylee has since been released from intensive care, a lawyer for her family revealing that Kaylee has been able to engage in 'limited verbal conversations' and has gone on a few short walks with the assistance of hospital staff.

During a hearing at St Louis County Court on Monday, officials set a date for DeClue's certification hearing on May 10, which will rule if she is tried as an adult for the first-degree felony assault charges.

Both sets of parents attended the hearing, with the judge advising DeClue's parents Ronald, who attended court in a wheelchair, and Conseula that they have a right to a lawyer as well as their daughter,.

Both declined to comment when approached by DailyMail.com, but lawyer for DeClue Gregory Smith added that she was 'doing well' despite being in detention.

'She's a smart girl', Smith said. 'We're doing what we can to protect her from it, but she has a good understanding of the law.'

He also dismissed claims made by Kaylee's lawyers that DeClue made posts on social media, saying that the facts would be heard in the courts.

Judge Dodson ordered both families to be escorted out of the courtroom separately - which he said was a usual practice in his courtroom. A pre-trial management hearing will also take place on May 1, nine days before the certification hearing. 

The family of DeClue, who confirmed her name publicly in a statement to 'address the misconceptions' around her arrest, launched a fundraiser to raise $150,000 to assist with her legal fees after she was charged with felony assault.

A GoFundMe was removed from the site for breaching their terms and conditions, but the DeClue's aunt Gwendolyn now claims that their CashApp has also been removed over reports of a 'scam'.

Posting on social media she said: 'People can be so cruel and they have worked really hard and succeeded to get the CashApp taken down as of this morning.

'Some are saying it was a scam. It wasn't a scam it was legit. If you would like to help in my niece legal support please reach out to us. Your help is truly appreciated.'

Speaking exclusively to DailyMail.com, the aunt of DeClue, claimed she was an honor roll student at Hazelwood East High School with an exemplary record and was 'defending herself' during the fight with Kaylee.

Her parents reportedly told local media that she 'wants to apologize' to Kaylee, ahead of a court hearing on Monday.

Kaylee's parents have slammed their daughter's accused attacker demanding that she is tried as an adult.

They have been visiting DeClue while she remains in juvenile custody and claim police have complied messages on social media which allegedly include threats towards the teen.

Bryan Kaemmerer, representing Kaylee's family', added that it was unclear if the fight was a retaliation for a previous fight between the groups involved, and confirmed that Kaylee had been suspended on March 7 for fighting with a different student.

It comes as Gain's family issued a scathing rebuke of her accused attacker after she reportedly joked about joining WWE after the fight.

Kaylee's parents have also seen now-deleted social media posts from just hours after the brawl allegedly made by DeClue- in which she shows 'an utter lack of remorse for her actions.'

In one of the posts, DeClue allegedly admitted that her attack was 'calculated' and joked about joining 'MMA or WWE', according to an update issued by a lawyer for Kaylee's family.

The posts have not been verified, but Kaylee's family say they want the teen to be charged as an adult because it is 'the most appropriate way to provide the justice that Kaylee deserves.'

It was previously exclusively reported by DailyMail.com that DeClue's family claims she was an 'honor roll student' who was 'defending herself' in the brawl.

Her relatives created a Change.org petition, calling on the St Louis Juvenile Court to show 'compassion' to the schoolgirl, DailyMail.com previously revealed.

DeClue's aunt said Kaylee wasn't being bullied by her niece and urged people to donate to help with her legal bills as the situation wasn't exactly what it seemed.

She is described as an honor roll student who speaks four languages, who was being 'harassed and bullied' before the fight broke out.

The fundraiser, which was removed by GoFundMe, said the teen was 'unfairly' painted as a bully and that she is the victim 'in a complicated situation'. It raised nearly $3,000 before being taken down.

The page was set up on March 16, begging for help with her legal defense against the case, as her family claim that they have been targeted with 'racist death threats'.

DeClue's relatives say that she 'deserves amnesty and a chance at forgiveness', adding that her 'fair trial hearing is being swayed'.

However, Kaylee's family have hit back at these claims - saying that they are attempts to 'downplay' the accused's actions by suggesting that by being in the choir and 'multilingual' makes her incapable of committing the violent act.

DeClue has been charged with felony assault and is being held by St Louis Family Court, with a hearing taking place on April 1.

Missouri AG Andrew Bailey previously warned the brutality was a result of an obsession with woke DEI policies and the soft-touch approach to justice under former St. Louis DA Kim Gardner and current Rep Cori Bush, a hardline progressive Democrat.

He also called for DeClue to be charged as an adult if Kaylee does not survive the attack, something which supporters of her attacker have lashed out at.

The Change.org petition calls on the St Louis Juvenile Court to show 'compassion' to the schoolgirl.

So far more than 460 people have signed the plea, which claims the incident 'being used to define her character and incite racial divisions and political strife with the MO AG calling on the courts to charge her as an adult.'

The petition adds: 'Prior to an incident on March 8th where she was seen defending herself from harassment and bullying, she had never been in trouble. Her work as a scholar was tainted by the bullying she had to endure at school. 'It is unjust that such an accomplished young woman should be charged as an adult for assault without considering all the facts of the case that led to the incident where harm occurred. 'We request that all aspects of her life be considered during indictment and sentencing - her academic achievements, extracurricular involvement, linguistic skills and most importantly her victimhood as a bullied student who was merely defending herself under intense and flight vs fight circumstances.

'But because politicians are inserting themselves in a juvenile matter it has completely swayed public opinion and has incited more divisiveness not only in the local community but nationally.'

It also claims that DeClue's family have been subject to 'multiple racist death threats' and 'doxxing'.

The webpage calls the incident 'one mistake made under duress', adding that the focus should 'be to pray for the healing and reconciliation of both parties'.

'This truly was a teenage fight that should've never happened to begin with, but did and spun completely out of control', it added.

The petition is addressed to Chief Juvenile Officer Rick Gaines, and needs 500 signatures to escalate the issue to his office.

However a spokesman told DailyMail.com that only the judge presiding over the case can rule if the teen is charged as an adult, not Gaines, and the court is unable to comment any further.

Gregory Smith, the attorney for the suspect, did not respond to requests for comment on the fundraiser and petition.

But he said in a statement that his client is a Hazelwood East School District student who was on the honor roll, played in the orchestra and on the school's volleyball team.

'I believe all of the facts and circumstances of this incident are not appropriate to discuss at this time when another child is in such a critical condition,' Smith added.

'Those facts and circumstances will have their day in court. I join the call to denounce teen violence and bullying. And most importantly, I join my client and her family in extending our prayers for this family and their child.'

Kaylee's family say want 'justice through the legal system' - but pleaded with other teenagers not to retaliate against her alleged attacker.

Video of the incident circulated on social media showing another girl bashing the teen's head into the concrete after throwing multiple punches and sending her careening to the ground.

Kaylee appeared to begin to have a seizure as groups of other teens brawled just feet away.

Police found the girl suffering from a serious head injury near the intersection of Norgate Drive and Claudine Drive, roughly a five-minute walk from the high school campus. She was taken to the hospital and remains in critical condition.

After news of the altercation broke, the Hazelwood School District released a statement condemning violence within the community.

'It is a tragedy anytime children are hurt,' the statement read. 'Bullying and fighting in the community is an issue for which we all need to take ownership and work towards a resolution for the sake of our children.

'The Hazelwood School District offers our sincerest condolences to everyone involved and will offer additional emotional support from our support and crisis team to those in need.'