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Schoolgirl Beaten into COMA by RAGING 'MEAN GIRL,' 15 · Crime Stories with Nancy Grace

0:05
Speaker 1: Crime Stories with Nancy Grease a sixteen year old girl
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Speaker 1: and she just turned sixteen. For all intents and purposes,
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Speaker 1: she's still fifteen. This teen girl is in a coma
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Speaker 1: with bleeding to the brain. Her grandmother tells us that
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Speaker 1: she prays every night for the little girl to heal.
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Speaker 1: Why because of a beat down from another teen girl?
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Speaker 1: Wait for it. While we all stand by hoping and
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Speaker 1: praying that Kelly Gain lives, will she be permanently braineddamage
1:00
Speaker 1: because it looks like she will be at the hands
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Speaker 1: of another teen who apparently is going to get the
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Speaker 1: max of around eighteen months in juvenile hall. Yes, you
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Speaker 1: know what that is. It's you in a dormitory style
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Speaker 1: setting where you have touchy feely therapy sessions every day,
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Speaker 1: and you go to school, you learn a trade. While
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Speaker 1: this girl may be permanently brain damaged if she lives. Hello,
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Speaker 1: wake up, Saint Louis this girl the purp must be
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Speaker 1: prosecuted as an adult and catch this The beat down
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Speaker 1: occurred just a couple of blows away from the high school.
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Speaker 1: And guess what the school says. We want to extend
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Speaker 1: our thoughts and prayers to all involved. What to all involved?
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Speaker 1: What about the little could you put that picture back up? Please?
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Speaker 1: What about little Kelly Gain lying there? She looks dead
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Speaker 1: as all of the attackers and bystanders run and scatter,
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Speaker 1: they leave her there. Ah ah, I'm not leaving it there.
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Speaker 1: Look at the statement from Hazelwood East High It's a tragedy.
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Speaker 1: Anytime children are hurt, bullying and fighting in the community
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Speaker 1: is an issue for which we all need to take ownership.
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Speaker 1: What does that mean, ownership and work toward resolution? What
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Speaker 1: does that mean put her rearan behind bars for a
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Speaker 1: good twenty That's what I call resolution for this of
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Speaker 1: our children. The Hazelwood School District offers our sincereus condolences
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Speaker 1: to everyone involved. They don't even mention killing Gain. Are
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Speaker 1: they extending empathy toward the attackers, because that's what it
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Speaker 1: sounds like to me. I'm Nancy Grace. This is Crime Stories.
3:20
Speaker 1: Thank you for being with us here at Crime Stories
3:22
Speaker 1: and on Serious XM one eleven. I want to warn
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Speaker 1: you we're about to play the video of what happened,
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Speaker 1: and it is very, very disturbing, and if you think
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Speaker 1: you're gonna get upset, look away for about thirty seconds.
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Speaker 1: If you could play new York the full video and
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Speaker 1: cashay while the little girl is being beaten into a
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Speaker 1: coma some a whole technical legal term videos the whole thing.
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Speaker 1: They don't bother call nine to one one or help killing.
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Speaker 1: They video the whole thing. It's all like entertainment for them. Okay,
4:02
Speaker 1: let's roll it. Video of Kelly Gain being beaten. Okay, listen,
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Speaker 1: you could actually hear Thistle girls. She's the same age
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Speaker 1: as my son and daughter, Lucy and John David, and
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Speaker 1: you could actually hear her head at that distance being
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Speaker 1: hit down footing against this cement. And I don't know
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Speaker 1: if this girl will ever be the same. I mean,
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Speaker 1: I'm just a JD. I'm not an MD, but I
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Speaker 1: don't see how this little girl can ever ever make
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Speaker 1: a comeback from that. Just another thing about the video.
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Speaker 1: You know I've told many many juries. I know you
5:40
Speaker 1: want to look away. I know it's upsetting and I've
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Speaker 1: seen many a JR or WinCE and try to look away. No, No,
5:51
Speaker 1: we have to look. We have to see, we have
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Speaker 1: to hear and know what's going on and know the
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Speaker 1: facts before we can render any type of deduction analysis
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Speaker 1: or judgment. You saw the video. I'm gonna play it
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Speaker 1: again video of Keillye Gaine being viciously beaten. You think she,
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Speaker 1: this girl, Marnie Declue, should be treated as a juvenile. Okay, fine,
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Speaker 1: you take her home and have her in your home
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Speaker 1: around your children, because there was no way in hgublel
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Speaker 1: that I would let her get near John, David and Lucy.
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Speaker 1: Did you see her go back to the victim lying there?
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Speaker 1: And remember, at this moment, the brain is bleeding, the
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Speaker 1: little girl is going into a comma. Did you see
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Speaker 1: Marnie Declue the attacker go back to the victim, and
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Speaker 1: she looked like a prize fighter. She was, you know,
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Speaker 1: jabbing and punching in the air, really like she's about
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Speaker 1: to go back into the ring with the wwe like,
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Speaker 1: jabbing and dancing around like she's about to take a
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Speaker 1: Muhammad Ali instead of helping the girl that she just horribly,
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Speaker 1: horribly maimed. With me an all star panel to make
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Speaker 1: sense of what we know right now. But first I
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Speaker 1: want to go out to Alexis Tereschuk, Crime Online dot
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Speaker 1: Com investigative reporter. Alexis, thank you for being with us.
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Speaker 1: Let's just start at the beginning. What happened?
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Speaker 2: So this was a school day.
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Speaker 3: Right after school in the afternoon, these students leave their school.
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Speaker 3: They walk not even five minutes away and get into
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Speaker 3: a fight, but on a public street.
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Speaker 2: The girls start.
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Speaker 3: Fighting with each other, and the one who is obviously
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Speaker 3: twice the size of Kaylie Keyley looks like she does
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Speaker 3: not even weigh one hundred pounds. She's tiny skinning. Gets
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Speaker 3: thrown to the ground, punched in the head multiple times,
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Speaker 3: and then she's held down on the cement on the street,
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Speaker 3: picked up, slammed down over and over and over. Her
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Speaker 3: head is slammed into the ground. There's a whole brawl
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Speaker 3: going on. There's a melee. The girl that slammed Kaylee
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Speaker 3: then gets up and starts screaming at other people don't
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Speaker 3: hit him, don't hit him, and trying to protect a
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Speaker 3: boy that's there, but the girls the starts the fight.
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Speaker 3: People drive by and don't stop and help. Some girls
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Speaker 3: try to pull her off to help their friend, and
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Speaker 3: she still is the only one there. There are at
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Speaker 3: least fifteen other kids around, and none of them stop
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Speaker 3: her from repeatedly and viciously hitting her head on the street.
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Speaker 1: Guys, I want you to take a listen. Hour cut
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Speaker 1: forward This is Dave Matt from Crime Online.
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Speaker 4: Around two thirty pm, minutes after the school day ended,
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Speaker 4: students from Hazelwood East High School in Saint Louis County, Missouri,
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Speaker 4: gathered to watch the end of an altercation between two
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Speaker 4: fifteen year old girls. Profanity has heard from the crowd
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Speaker 4: as well as one of the participants. The girls square
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Speaker 4: off with arms outstretched, uncertain of what to do next.
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Speaker 4: Kaylee Gane is one of the girls in the fight,
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Speaker 4: her opponent unnamed, but it is the unnamed fifteen year
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Speaker 4: old girl that quickly gets the upper hand in the fight,
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Speaker 4: pulling Gain to the ground while pummeling Gane in the
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Speaker 4: head and upper body. As Gane is now on her
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Speaker 4: back on the pavement, a bystander tries to intervene by
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Speaker 4: trying to get the unnamed girl off Kayley Gain. The
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Speaker 4: bystander is quickly rushed by two other girls who push
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Speaker 4: her back from the fight and begin a separate fight
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Speaker 4: of their own while Gain is being pounded by a
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Speaker 4: closed fist to the head and of her body.
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Speaker 1: Guys, all of this takes time. Crime Stories with Nancy Grace.
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Speaker 1: I want to go to Chris Slusher, high profile lawyer
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Speaker 1: joining us out of this jurisdiction in Missouri. You can
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Speaker 1: find him at mid Missouri Lawyers dot com. Chris, thank
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Speaker 1: you for being with us. The reason I'm bringing up
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Speaker 1: time It all went by so quickly. When you hear
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Speaker 1: Dave Matt, the investigative reporter from crime Online describe it,
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Speaker 1: first this, then that, then this, then that as he
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Speaker 1: explains it, it takes him a minute to explain it,
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Speaker 1: but it all happened so quickly, as does as do
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Speaker 1: most crimes of this nature. My point is to form
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Speaker 1: intent under the law, intent to do the deed. The
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Speaker 1: law does not require a prolonged period of planning, such
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Speaker 1: as poisoning someone over a period of months. Intent to
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Speaker 1: do a crime can be formed in the blink of
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Speaker 1: an eye, the twinkling of a moment. The time it
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Speaker 1: takes you to grab the girl's shoulder and hit her
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Speaker 1: on the ground is time to form intent under the law.
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Speaker 1: Isn't that true, Chris Slusher?
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Speaker 5: She can be formal very quickly, and under Missouri law.
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Speaker 5: One of the things that clearly the defense will be
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Speaker 5: looking at and the prosecution is self defense.
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Speaker 1: Oh I'm sorry, I just choked on my tea when
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Speaker 1: you said self defense spoken like a true trial lawyer.
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Speaker 1: I can see where this is going self defense, my
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Speaker 1: rear end what there was never any self defense going
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Speaker 1: on here. She beat the girl, pounding her head into
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Speaker 1: the cement over and over and over. So where are
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Speaker 1: you getting the self defense theory?
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Speaker 5: Well, I think you're right. The difficulty for the juvenile
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Speaker 5: charge is not what took place when the fight started.
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Speaker 5: It's the strikes to the head to the payment. And
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Speaker 5: what the law says is what you're saying that intent
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Speaker 5: and mental states have changed during the course of events.
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Speaker 6: So if she was reasonable in defending herself when the
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Speaker 6: fight started, that doesn't mean the force that she used
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Speaker 6: was reasonable when she caused the strikes to the head
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Speaker 6: to the pavement.
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Speaker 5: And so you're correct about that. And that's the type
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Speaker 5: of analysis that.
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Speaker 1: Will take place, guys. Right now, apparently the prosecutor in
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Speaker 1: this jurisdiction is trying to decide whether adult charges are
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Speaker 1: going to be pursued. The reality is if they are not.
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Speaker 1: This young girl, the attacker, Marnie declue. You think this
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Speaker 1: is her first time at the rodeo? Oh no, she
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Speaker 1: had some moves that Mike Tyson would end thee This
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Speaker 1: is not her first time throwing a punch joining me. Also,
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Speaker 1: in addition to high profile lawyer Chris Slusher and Alexis Treschuk,
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Speaker 1: doctor Harvey Castro is joining US Board Certified Emergency Care
13:35
Speaker 1: Physician health care consultant. Harvey, thank you for being with us.
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Speaker 1: Doctor Castro. Explain to me how bleeding on the brain
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Speaker 1: has occurred, And I'm looking at the grandmother's most recent statement.
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Speaker 1: She says the family is devastated and that the condition
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Speaker 1: is imminent. I'm not quite sure what she means by imminent.
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Speaker 1: It makes me afraid the girl is about to die.
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Speaker 1: Talking about Kelly Gang, the sixteen year old girl, it
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Speaker 1: makes me fear she's about to die. But how do
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Speaker 1: you get bleeding to the brain? And how is it
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Speaker 1: that every moment counts as all these people are standing
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Speaker 1: around taking videos and egging on the fight, every moment
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Speaker 1: counted for Kelly Gang.
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Speaker 2: This is so so gud wrenching.
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Speaker 7: As a parent, I am this extremely disturbed by seeing
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Speaker 7: this video, and as any hour doctor, it's never easy
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Speaker 7: to watch any of these things. To answer your question, Unfortunately,
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Speaker 7: what happens is we get struck into our soul, and
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Speaker 7: in this particular case, when she got struck, the injury
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Speaker 7: to the skull actually broke the skull, basically a fracture.
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Speaker 1: Okay, wait wait wait wait wait wait wait Okay. So
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Speaker 1: you're saying when her head was beaten down the cement,
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Speaker 1: not just but multiple times, even though one blow could
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Speaker 1: have done it. I mean I heard the thud, you know,
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Speaker 1: doctor Castro, when you hear say a rattlesnake, right, you
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Speaker 1: never forget the sound when you hear when somebody locks
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Speaker 1: and loads a shotgun. You hear that sound. You never
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Speaker 1: forget it. That thud is something you never get over
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Speaker 1: a human head being slammed down on cement, and you
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Speaker 1: can actually hear kind of a dull, wet sounding thud, Jackie,
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Speaker 1: Is that how you would? There's no other way to
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Speaker 1: describe it. It's sickening. It's sickening, and you know instinctively
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Speaker 1: there's no coming back from that. So you're saying that
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Speaker 1: hit and it looks like she's being hit on the
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Speaker 1: back of the head. You pointed to the front of
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Speaker 1: the head when you were describing it, But you're saying,
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Speaker 1: on the back of the head that would have fractured
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Speaker 1: the skull. But how does that cause bleeding to the brain,
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Speaker 1: and why is bleeding to the brain deadly?
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Speaker 2: Yeah, so there's two things going on.
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Speaker 7: Number One, she was hid in the front and there's
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Speaker 7: this scientific phenomenon called coop countercoop, and all that means
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Speaker 7: is you get hit in the front, but the brain
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Speaker 7: actually goes back and forth and gets hit in the back.
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Speaker 7: In this particular case, she was getting hit front and back,
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Speaker 7: so it was getting multiple hits.
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Speaker 1: Okay, hold on just a sec, hold on to the sec.
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Speaker 1: I want to describe. I want doctor Harvey Castro to
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Speaker 1: explain more slowly what kup contra qup means. H I
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Speaker 1: first encountered in shaking baby syndrome, where the child is
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Speaker 1: shaken like that and the brain literally is bouncing back
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Speaker 1: and forth like a ping pong ball from the back
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Speaker 1: of the head to the front of the head and
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Speaker 1: the baby shaken like that. I hadn't thought about ku
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Speaker 1: contra coup. Doctor Castro, You're right, because her head is
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Speaker 1: being slammed down and looks like she's being yanked by
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Speaker 1: Is it her shoulders or her hair? I think her shoulders,
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Speaker 1: then yank back up, then slamm down again. It's a
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Speaker 1: miracle she's even still alive. But you're saying the coup,
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Speaker 1: countrac coup. The brain will hit the bat, then the front,
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Speaker 1: then the bat, then the front. Okay, let's go from there.
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Speaker 2: And so think of it this way.
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Speaker 7: We have arteries and vessels all over our brain, and
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Speaker 7: so every time we're being hit back and forth, think
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Speaker 7: of as shearing of those arteries and vessels and blood.
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Speaker 2: And to answer your.
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Speaker 7: Second part that just think of it as two parts
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Speaker 7: rubbing on each other and causing a little cut micro
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Speaker 7: cuts on the brain. And then imagine all that swelling
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Speaker 7: that's going on, putting pressure on the brain, literally killing
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Speaker 7: the nerves of the brain. And then that blood is
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Speaker 7: also irritating the brain to the point where it's killing
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Speaker 7: those cells. And so within seconds we're causing that image
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Speaker 7: to this child.
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Speaker 1: Well, I guess I had it best ackwards because I thought, yes,
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Speaker 1: everything that you just said. But the brain is damaged
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Speaker 1: like a bruise. When you can kind of feel it
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Speaker 1: rise up. The brain starts to swell when it encounters
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Speaker 1: any type very delicate, any type of hit or trauma,
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Speaker 1: anything will make the brain start swelling up. And the
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Speaker 1: brain swells and it starts touching the skull and there's
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Speaker 1: nowhere for it to go, and that causes the brain injury.
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Speaker 1: Now is that correct?
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Speaker 7: Yeah, well you said it's perfectly correct. I'm just going
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Speaker 7: down to the microscopic level. But what you said, there's
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Speaker 7: another mechanism of damage to the brain. Now you're mentioning
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Speaker 7: the pressure, So you're right, our skull.
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Speaker 2: There's how much stas left between our brain.
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Speaker 7: And our skull, and so any kind of swelling, any blood,
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Speaker 7: anything that adds volume into our brain to our skull
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Speaker 7: will cause more irritation. And because of that, we are
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Speaker 7: hurting our brain. And depending where the damage is of
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Speaker 7: our brain, we will see different functions. In this particular case,
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Speaker 7: we saw damage to the frontal low and that basically
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Speaker 7: creates this personality and our memory and different ways of interacting.
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Speaker 7: So that immediately that part if she got forbid, anything
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Speaker 7: bad happens, or let's say she comes back, she's going
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Speaker 7: to have permanent issues with her frontal emotional state and
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Speaker 7: just having conversations with people.
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Speaker 1: Can I tell you something, doctor Harvey Castro. Guys, you
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Speaker 1: can find doctor Harvey at Harvey Castro md dot info.
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Speaker 1: Doctor Harvey, I had a young male relative get hit
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Speaker 1: by a woman in a van with three screaming kids
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Speaker 1: in the back. He goes he was on his bike.
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Speaker 1: He goes up in the air, hits her hood and
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Speaker 1: falls on the sidewalk right there. He was airlifted the
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Speaker 1: Scottish righte. Long story short. At the original hospital, they
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Speaker 1: thank the Lord for a brain surgeon that was there
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Speaker 1: immediately put a shunt, a hole in his head with
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Speaker 1: sawed A shunt, which is like a tube was immediately
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Speaker 1: stuck at the top of his head to relieve that
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Speaker 1: swelling pressure so the brain wouldn't be hurt. And that
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Speaker 1: had to be done immediately. Do you know it took
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Speaker 1: him months to be able to learn to walk and
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Speaker 1: spell and speak again. He couldn't even color with the crayon.
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Speaker 1: I remember he picked the crayon up like this and
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Speaker 1: colored the first time he could call it. He didn't
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Speaker 1: remember anything. And I'm just trying to figure out how
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Speaker 1: the good good part of that is he completed college
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Speaker 1: with a double major in it and chemistry, I think
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Speaker 1: it was, and that now has a happy life with
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Speaker 1: a family, the works. But this little girl didn't get
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Speaker 1: that treatment, Doctor Castro. She didn't get that treatment at all.
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Speaker 1: Crime Stories with Nancy Greese, Karen Stark joining me, renowned
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Speaker 1: psychologists joining us out of the Manhattan jurisdiction, TV radio
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Speaker 1: trauma expert at Karenstark dot com and in case you
21:33
Speaker 1: try to reach her, it's Karen with a C. Karenstark
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Speaker 1: dot com. Karen, I want you to look at the monitor,
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Speaker 1: and I know how you feel about violence, but force
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Speaker 1: yourself to look at the video again because it's not
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Speaker 1: just this girl, Marnie declue. And again, I'm telling you
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Speaker 1: this ain't her first time in the ring, no way.
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Speaker 1: She's throwing punches like a pro, but look at her behavior.
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Speaker 1: She won't stop. She's punching killy and everybody's just like
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Speaker 1: there are guys standing around letting it happen. Then she
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Speaker 1: races off and attacks another group. You're never gonna believe
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Speaker 1: what Jackie here on the set is telling me, but
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Speaker 1: I want you to hear this too. Listen to this,
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Speaker 1: Karen Stark. The family, the family of the defendant is
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Speaker 1: assisting she is the victim, claiming she has good character,
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Speaker 1: clean school record, excellent work ethic. She the attacker, is
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Speaker 1: the victim. So Karen Starks, I believe her or my
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Speaker 1: lieon eyes.
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Speaker 8: I think we need to believe what we see, Nancy,
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Speaker 8: which is just outrageous. It's outrageous. You're looking at a
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Speaker 8: culture of aggression, looking at a school system, in my opinion,
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Speaker 8: where this is allowed to happen. Because this isn't the
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Speaker 8: first go round. This girl, woman who's attacking her is
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Speaker 8: obviously somebody who knows what she's doing. She's got her
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Speaker 8: fist raise, she's ready to go. She even after ignores
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Speaker 8: her and starts fighting with other people, and then, like
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Speaker 8: you said, comes back and wants to fight again. No
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Speaker 8: one pays attention to this girl who's there on the ground.
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Speaker 1: Nobody.
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Speaker 8: They're just fighting with each other and ready to keep fighting.
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Speaker 8: So something is going on in the school too. I
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Speaker 8: would suggest that they are allowing this kind of stuff
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Speaker 8: to happen.
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Speaker 1: Now, what about that school statement, Karen Stark Hazelwood ease
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Speaker 1: no responsibility? He kiss my rear end because their statement
23:51
Speaker 1: does not take any responsibility, and it seemingly gives quote
23:56
Speaker 1: sincereous condolences to everyone involved. How about kale Jane, the
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Speaker 1: little girl with brain damage? How about her? I don't
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Speaker 1: know if since little girl is even gonna.
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Speaker 8: Live, they're just making sure they cover all the bases.
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Speaker 8: They're saying that they're sorry for everybody involved. It just
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Speaker 8: doesn't make any sense. They want to stay out of trouble.
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Speaker 1: I want you to hear Sydney Sumner narcut five from
24:22
Speaker 1: crime online dot Com. Listen.
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Speaker 9: Kaylee Gane is on her back being hit in the
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Speaker 9: head when the unnamed female she is fighting puts her
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Speaker 9: weight on the smaller Gain and proceeds to pull Kaye
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Speaker 9: Gaine's head about two feet above the concrete, then slams
24:34
Speaker 9: Gain's head into the cement. The first hit renders Kaye
24:37
Speaker 9: Gane unable to defend herself as her assailant quickly pulls
24:40
Speaker 9: her back up off the concrete, lifts her head up
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Speaker 9: further than the first time, and smashes the head of
24:45
Speaker 9: Kaylee Gane back into the cement again. The sound of
24:47
Speaker 9: the back of her head hitting concrete is such as
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Speaker 9: sickening thud. Observers realize something terrible has happened. The unnamed attacker,
24:54
Speaker 9: as well as those who have observed the beating, move
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Speaker 9: on to other fights taking place, while kalle Gane is
24:59
Speaker 9: left alone unconscious on the pavement. As EMT's arrived, Gain
25:03
Speaker 9: is convulsing.
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Speaker 1: What is that doctor Harvey Castro, why did Keela go
25:08
Speaker 1: into convulsions? What are convulsions? Exactly?
25:11
Speaker 7: Yeah, Unfortunately, to your point where we talked about this,
25:14
Speaker 7: the irritation of the blood into the brain is causing
25:17
Speaker 7: the electricity that we have in our brain to go
25:21
Speaker 7: start firing. And when it starts firing over and over,
25:24
Speaker 7: it's causing us to have these seizure type convulsions that
25:28
Speaker 7: they witness.
25:29
Speaker 2: And so that tells me two things.
25:31
Speaker 7: One, she was already gleaning. Two she was to your
25:34
Speaker 7: point again, she was having increased pressure in her brain
25:37
Speaker 7: to the point where it was swishing down on these
25:39
Speaker 7: neurons to create this this charge, to create this seizures
25:43
Speaker 7: like activity.
25:44
Speaker 1: Joining me now, Barry Hutchinson, senior former law enforcement officer,
25:49
Speaker 1: owner of Barry and Associates Investigative Services in Kansas City. Barry,
25:55
Speaker 1: thank you for being with us. I'm sure that both
25:57
Speaker 1: you and Chris Slusher are very familiar with this area.
26:01
Speaker 1: Mary Hutchinson, What in the hay are they saying they
26:04
Speaker 1: don't know if they should charge this This girl that
26:08
Speaker 1: is not a girl. When I think of a girl,
26:10
Speaker 1: I think of a you know, nineteen year old girl.
26:13
Speaker 1: This is a full on woman and she's a violent,
26:18
Speaker 1: vicious and aggressive. What are they talking about? They don't
26:22
Speaker 1: know if they're charging her as an adult.
26:24
Speaker 10: Well, Nancy, first of all, I'm going to call it
26:26
Speaker 10: like I see it, and I don't care who it offends.
26:28
Speaker 10: This girl's aug she's a thug. Yes, yeah, she's a thug.
26:32
Speaker 10: And if that, you know, if that alienates anybody for
26:35
Speaker 10: me saying that, you know, they're just sway it is.
26:38
Speaker 10: Anybody can watch that video and see exactly what kind
26:43
Speaker 10: of person this is attacking this young lady. And if
26:47
Speaker 10: I was still in law enforcement and was prosecuting this
26:50
Speaker 10: case myself, i' would charge you with its attempted murder. It
26:54
Speaker 10: would just be aggravated assault, because to me, it goes
26:57
Speaker 10: beyond aggravated assault when she continually founds this girl's head
27:01
Speaker 10: into the ground like a like a water melon, you know,
27:04
Speaker 10: just beating it until it just busts over. And that's
27:07
Speaker 10: exactly what it sounds like. It sounds like somebody taking
27:10
Speaker 10: a melon and dropping it on the concrete it's sitting.
27:13
Speaker 1: Mary Hutchison, you took the words right out of my mouth.
27:17
Speaker 1: A she's a thug, But B I have a note here,
27:20
Speaker 1: Aga salt, no attempted murder, Yes, because an agasalt puts
27:27
Speaker 1: someone the victim and immediate fear of serious bodily injury,
27:35
Speaker 1: immediate fear of serious body injury. For instance, if I
27:39
Speaker 1: pull a thirty eight on you and I don't even
27:43
Speaker 1: pull the trigger, but if I put you in immediate
27:46
Speaker 1: fear of serious body injury under the law, that is
27:50
Speaker 1: an aga salt. Here, You've got a repeated beat down.
27:55
Speaker 1: Each thud of her head is another charge in my mind,
28:01
Speaker 1: that is not self defense. This attacker is not the victim.
28:07
Speaker 1: What what is upside down? What is going on in
28:11
Speaker 1: this jurisdiction?
28:12
Speaker 10: Barry Well, you know, unfortunately, Nancy, it's a continuation of
28:17
Speaker 10: the former DiscT attorney over there, Ken Gardner, in the
28:20
Speaker 10: way that she handled a lot of things over there
28:22
Speaker 10: and basically just refused to prosecute anybody. I'll go a
28:26
Speaker 10: step further. I would classify this as a hate crime.
28:29
Speaker 10: You know what would people say, you know, the al
28:33
Speaker 10: Sharptons of the world that would say, if the coin
28:36
Speaker 10: were flipped and it was the white girl that got,
28:39
Speaker 10: you know, the best of the black girl, they'd be
28:41
Speaker 10: running up and down margining you know, carrying on about
28:45
Speaker 10: stuff you know, about a black child being.
28:47
Speaker 1: Abused, you know, But if you take that factor out
28:51
Speaker 1: of it, this is a full on aggravated assault. Chris
28:56
Speaker 1: Slusher joining me, high profile Missouri attorney at mid Missouri
29:01
Speaker 1: Lawyers dot com. Chris again, thank you to you and
29:04
Speaker 1: Barry for being with us. Chris, I want to talk
29:07
Speaker 1: to you about when juveniles get treated as adults. I
29:12
Speaker 1: want to tell you the first juvenile I tried for
29:14
Speaker 1: murder was thirteen. Was I happy about it?
29:17
Speaker 10: No?
29:17
Speaker 1: I'm not happy about it. But this was a guy
29:20
Speaker 1: that was six ' three. He broke into, well, he
29:25
Speaker 1: didn't break into he busted into a pawn shop, and
29:30
Speaker 1: he gunned down three people, leaving one dead and one
29:36
Speaker 1: forever on a catheter in a wheelchair. Okay, so what
29:41
Speaker 1: was I supposed to do? Give him eighteen months in
29:44
Speaker 1: GV jail and everybody come buy y'all holding hands every
29:47
Speaker 1: afternoon at four o'clock. No, no, uh huh. So I'm
29:53
Speaker 1: not happy if thirteen year old was tried for murder?
29:55
Speaker 1: Was it the right thing to do? Yes? Did it
29:58
Speaker 1: taste good going down?
30:00
Speaker 8: No?
30:00
Speaker 1: It didn't. But it was still justice. This is the
30:04
Speaker 1: way it works and correct me if I'm wrong in
30:05
Speaker 1: that jurisdiction. In many jurisdictions, there are seven deadly sins
30:11
Speaker 1: called DFA's designated felony, attempts assaults. The designated felonies are,
30:23
Speaker 1: for instance, murder, rape, armed robbery, trafficking drugs, our sun,
30:33
Speaker 1: child molestation, and aggravated assault. You will get transferred to
30:40
Speaker 1: adult court for the seven designated felonies. Now, normally there's
30:47
Speaker 1: a bind over hearing where the case is bound or
30:52
Speaker 1: transferred over from juvenile court to superior or adult court.
30:58
Speaker 1: Tell me how does it work in your jurisdiction. How
31:01
Speaker 1: am I going to get Marnie's de clue prosecuted as
31:07
Speaker 1: an adult?
31:07
Speaker 5: Well, it works in a similar way. The most likely charged,
31:11
Speaker 5: based on what I've observed under Missouri law is probably
31:15
Speaker 5: the soul first degree, which is attempting to kill or
31:18
Speaker 5: knowingly causing serious physical injury. And so what will happen
31:22
Speaker 5: is the juvenile office will make a charging decision.
31:25
Speaker 1: What the juvenile office makes this decision? Uh oh, we're
31:30
Speaker 1: all up the creek without a paddle, because everybody knows.
31:33
Speaker 1: In juvenile you bring in psychologists, you all sit around,
31:37
Speaker 1: no offense care and start you sit around and go, wow,
31:40
Speaker 1: why did this happen? Was the defendant in an unfortunate
31:46
Speaker 1: setting as a child. That may all be true, and
31:48
Speaker 1: I don't like it, but that does not help the victim.
31:53
Speaker 1: What the juvenile court decides?
31:56
Speaker 5: The juvenile court decides the charge, and then we have
31:59
Speaker 5: a system of its charge assault first says you've described
32:03
Speaker 5: that then automatically requires what we call a certification here,
32:07
Speaker 5: and then the things that you just described that you
32:10
Speaker 5: don't care for about the juvenile process will take place.
32:13
Speaker 5: There will be background reports and those types of things,
32:18
Speaker 5: and then a judge will make a decision about whether
32:20
Speaker 5: the case will then be certified as an adult case
32:24
Speaker 5: and be transferred into the prosecute attorney's office in the
32:27
Speaker 5: adult court.
32:28
Speaker 1: So who makes that ultimate decision as to whether this
32:33
Speaker 1: girl Marnie's declue is going to be treated as an adult?
32:38
Speaker 1: Who's making that decision.
32:39
Speaker 5: Judging the juvenile court, which is it's always the most
32:42
Speaker 5: friendly defense venue for us.
32:45
Speaker 1: So a juvenile judge is going to make this decision.
32:48
Speaker 1: It's not bound over in the district attorney decides.
32:50
Speaker 5: No, the juvenile judge makes the decision about a certification.
32:53
Speaker 2: As an adult.
32:54
Speaker 1: Yeah. I don't like that at all. And now we've
32:56
Speaker 1: got moanings and groanings. Alectis torush, Please tell me it's
32:59
Speaker 1: not true that the attacker's family is saying she's the victim,
33:05
Speaker 1: that she was lured there and didn't know anything about
33:07
Speaker 1: a fight. I mean, listen, when I'm with the twins,
33:10
Speaker 1: Alexis and you have a young boy, if I smell trouble,
33:14
Speaker 1: I get them out of there. You know how many
33:16
Speaker 1: times I want to have road rage or bless somebody out,
33:20
Speaker 1: but I don't do it because it's not safe. They
33:24
Speaker 1: are more important than me feeling better after an incident
33:29
Speaker 1: of some sort. My point is nobody lured her there.
33:33
Speaker 1: That is a lie, and if she saw a fight brewing,
33:37
Speaker 1: she could have left.
33:38
Speaker 3: What people are saying is that the girls had they
33:40
Speaker 3: were going to fight, they were together, but they Kaylee
33:43
Speaker 3: attacked first. They're saying that she charged at the other girl,
33:47
Speaker 3: and that's why the other girl said that she had
33:50
Speaker 3: to defend herself. That's what they are saying. That's the
33:52
Speaker 3: excuse that's coming out for this. They Kaylee charged first,
33:56
Speaker 3: she threw the first punch, and so therefore that this
33:59
Speaker 3: absolute beat was justified because she was defending herself. That
34:02
Speaker 3: is what their side is saying.
34:04
Speaker 1: Oh okay, So with that theory, Barry Hudgeson's senior former
34:09
Speaker 1: veteran law enforcement now runs Burying Associates Investigative Services. Barry,
34:15
Speaker 1: in that scenario that Alexis Tereschuk is trying to feed
34:19
Speaker 1: me with a silver spoon, I'm not swallowing Alexis.
34:22
Speaker 8: Just know that.
34:25
Speaker 1: You could slap me, Barry, and then I could pull
34:28
Speaker 1: out my ouzy and just shoot you right in the head,
34:30
Speaker 1: and that would be fine because you slapped me first.
34:33
Speaker 10: That's not right now the level of threat, and once
34:36
Speaker 10: the level of threat is stopped to words, it's not
34:40
Speaker 10: necessary to escalate the amount of force that goes out
34:43
Speaker 10: the window. So I don't see I don't see that here.
34:48
Speaker 10: What I see is the young lady that performed to
34:53
Speaker 10: beat down. I see her as being the definitely being
34:56
Speaker 10: there over zettous.
34:57
Speaker 1: Are you calling her a young lady? She looks like
35:01
Speaker 1: a professional fighter. She like a professional kickbox fighter. She's
35:08
Speaker 1: using it all wrestling, moves, punches and footwork like a butterfly. Guys,
35:16
Speaker 1: I want you to hear our friend Nicole Parton Crime online.
35:22
Speaker 11: According to a GoFundMe fundraiser set up by a family friend,
35:26
Speaker 11: Kaylee Gain was left alone on the ground to convulse
35:31
Speaker 11: before EMT's arrived on the scene. Police and rescue squad
35:35
Speaker 11: units arrive. Kaylee Gain is taken to the hospital where
35:39
Speaker 11: she is listed in critical condition with a skull fracture,
35:42
Speaker 11: frontal lobe damage, major brain bleeding, and swelling. The extent
35:47
Speaker 11: of brain damage will not be determined until Kaylee Gain wakes.
35:51
Speaker 1: The grandmother is telling us that little Kelly's head was
35:57
Speaker 1: smashed into a cement concrete. Rudd and the doctors are
36:02
Speaker 1: saying that they won't know the extent of the brain
36:05
Speaker 1: damage until the little girl wakes up. To doctor Harvey
36:11
Speaker 1: Castro joining us, harveycastromd dot info, Doctor Harvey, is that true,
36:17
Speaker 1: they can't tell any level of brain damage until Kelly
36:22
Speaker 1: wakes up.
36:23
Speaker 2: To some extent, you can find out very minimal.
36:26
Speaker 7: You can put some electrodes of the brain and see
36:28
Speaker 7: what activity is going on, but you really can't test
36:31
Speaker 7: anything until you actually speak to the patient and see
36:33
Speaker 7: what they're able to say. It's true, and unfortunately it's
36:37
Speaker 7: a waiting game. We're just literally just waiting and we're
36:39
Speaker 7: doing everything we can to minimize the damage, like you
36:41
Speaker 7: said earlier, opening the skull or leading the pressure, but
36:45
Speaker 7: we really won't know what's going on until we actually
36:48
Speaker 7: have a conversation with her.
36:49
Speaker 1: I know a little bit more, Dr Harvey Castro. According
36:53
Speaker 1: to the family, we have learned that Kelly suffered, as
36:57
Speaker 1: you pointed out earlier at skull fracture in frontal lobe damage,
37:03
Speaker 1: which goes back to what you were describing as the
37:05
Speaker 1: coup contract coup because in the video you can see
37:09
Speaker 1: her head is being slammed down on cement from behind,
37:13
Speaker 1: but the frontal lobe damp. There is frontal lobe damage
37:17
Speaker 1: as well. And of course I'm not an MD, but
37:20
Speaker 1: I assume that means the front of your brain major
37:23
Speaker 1: brain bleeding and swelling. Does any of that change your opinion?
37:30
Speaker 2: Yeah, yeah, I'm with you.
37:31
Speaker 7: Unfortunately I have I'm hopeful that she turns the corner,
37:35
Speaker 7: but I'm worried that this is going to be her
37:38
Speaker 7: unfortunately now.
37:39
Speaker 1: And what about Alexis Tereshchuk. All the little harpies gathered
37:44
Speaker 1: around not doing a thing. One girl did try to
37:48
Speaker 1: pull Marnie de Clue off the victim and the clue
37:54
Speaker 1: swung at her as well, but the others were not
37:57
Speaker 1: trying to help. They were videoing in in jeering, and
38:01
Speaker 1: then they leave the girl to bring blead on the road,
38:05
Speaker 1: and passers by, adults driving do nothing.
38:09
Speaker 3: That's one girl tried to help her, her friend with
38:11
Speaker 3: scrimmy get off of her and she pulled her, and
38:13
Speaker 3: then another girl jumped on her and attacked her and
38:16
Speaker 3: started throwing a punch at her.
38:17
Speaker 2: So she did throw up.
38:18
Speaker 3: Nobody stopped. Nobody tried to help this at all. Once
38:21
Speaker 3: the vicious meeting. Once she started pounding her on the ground,
38:25
Speaker 3: even one two, multiple times, nobody stepped in. And then
38:29
Speaker 3: there are all these fights going on all around it.
38:31
Speaker 3: And then you can see the girl, Kaylee's lying on
38:34
Speaker 3: the ground. Her attacker gets up and goes and tries
38:36
Speaker 3: to defend a boy saying keep your hands off of him,
38:39
Speaker 3: and dragging someone else, and then just standing around. No
38:42
Speaker 3: one helps this girl. No one goes up to her,
38:45
Speaker 3: even her friend that had tried to help. I don't
38:46
Speaker 3: know if it's her friend. Even the other girl that
38:48
Speaker 3: tried to help her doesn't go back and try to
38:51
Speaker 3: see what's going on at all. Nobody helped this little
38:53
Speaker 3: girl as she was lying.
38:54
Speaker 2: On the ground.
38:54
Speaker 1: For everyone that wants this defendant, this attacker to be
38:59
Speaker 1: treated as as a juvenile and get out of Juvi
39:02
Speaker 1: jail as it's called, it's more like a dorm setting
39:06
Speaker 1: in a few months. You take her home to your
39:08
Speaker 1: home and let her be around your children, because I
39:12
Speaker 1: don't want her. I wouldn't let her within ten feet
39:15
Speaker 1: of either one of my twins. Oh no, So think
39:20
Speaker 1: long and hard before you advocate this girl getting out,
39:24
Speaker 1: and again, I can guarantee you this is not her
39:27
Speaker 1: first time throwing a punch. Do you want your voice
39:30
Speaker 1: to be heard? Because I do. The district Attorney is
39:35
Speaker 1: Gabriel Gore g r. E at three one four six
39:41
Speaker 1: two two four nine four one. I've got a funny
39:45
Speaker 1: feeling this is going to go over Gore's head because
39:48
Speaker 1: I see those signs of Gore doing anything appropriate. The
39:51
Speaker 1: Attorney General is Andrew Bailey five seven three seven five
39:58
Speaker 1: one three three to one. Or if you don't want
40:03
Speaker 1: your number associated with the call, you can write Consumer
40:08
Speaker 1: dot Help at Ago dot mo dot gov. We've been
40:15
Speaker 1: assured a hearing will occur within a week to determine
40:22
Speaker 1: if this attacker Marnise Deuclue will be treated as an adult.
40:30
Speaker 1: Right now, all we can do is pray. Pray for
40:34
Speaker 1: this girl, Killie gain tipline eight sixty six three seven
40:40
Speaker 1: one tips eight six six three seven one eight four
40:43
Speaker 1: seven seven. What if anything, do you know about the
40:48
Speaker 1: suspect's movements before, during, and after? Did she brag? Did
40:54
Speaker 1: she go on social media and brag? Did she talk
40:57
Speaker 1: about what happened? If so, what did she say? What
41:00
Speaker 1: does she do with her bloody clothes? What were her
41:04
Speaker 1: movements and actions following this attack? And remember, Kelly Gaines
41:10
Speaker 1: will likely be left if she lives with permanent brain damage.
41:19
Speaker 1: We wait as justice unfolds. Goodbye friend,