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Girl injured in viral fight near Hazelwood East had been suspended from school the previous day

The Missouri Attorney General and school district continued a public back-and-forth Wednesday.

MISSOURI, USA —

New details were released Wednesday regarding a fight between students near Hazelwood East High School on March 8. The Missouri Attorney General and the school district continued a public back-and-forth on an investigation.

Kaylee Gain, 16, was seriously injured in a fight in north St. Louis County. The fight was captured on video and widely circulated online.

A Hazelwood District spokesperson confirmed that the day before the attack that injured Gain, there was another fight involving students from the school. The spokesperson says at least one student was suspended as a result of that fight. 

While the district wouldn't name the student who was suspended, an attorney for the suspect tells 5 On Your Side it was Gain. He says that the initial fight was the precursor to the fight the next day that left Gain critically injured.

Gain was discharged from the intensive care unit Saturday.

Missouri Attorney General and Hazelwood School District trade statements

Missouri Attorney General Andrew Bailey sent another letter Tuesday to Hazelwood School District demanding a response after sending an information request to investigate what caused the viral video involving two Hazelwood East students in a fight earlier this month

In the letter, Bailey addresses Hazelwood School District's attorney Cindy Reeds Ormsby. He begins the letter by saying he thinks there has been a misunderstanding on the district's end about the clear request and the overall nature of his office's investigation

According to a news release, Bailey's investigation will examine how the district's diversity, equity and inclusion programs could have contributed to the incident.

He goes on to write, "In your letter, you allege 'inaccuracies' concerning the student fight that occurred earlier this month that resulted in serious injuries to a Hazelwood East High School student … My letter cited several sources for information, including publicly-available reporting and the District's own policies. The most egregious 'error' you identify is an incorrect date reference that was reported in local media. As with any investigation, my office seeks to uncover facts surrounding the incident at issue."

Bailey's letter comes after a response from a Hazelwood School District spokesperson to the Attorney General's Office's first request for information less than a week ago:

"The Hazelwood School District takes great pride in its commitment to promoting diversity, equity, and inclusion (DEI) within the Hazelwood School District community. DEI is a core value that guides our efforts to create a safe and supportive learning environment for all students. By embracing diversity and promoting equity and inclusion, we are better able to prepare our students for success in an increasingly diverse and interconnected world. Contrary to recent statements, HSD does not prioritize DEI initiatives at the expense of student safety. Rather, we believe that fostering an inclusive environment is essential to ensuring the well-being of every member of our school community. Our priority remains the safety and well-being of our students. We reaffirm our unwavering commitment to promoting diversity, equity, and inclusion within the Hazelwood School District. These values are not negotiable, and we will continue to prioritize them in all aspects of our work as community leaders."

In the new letter, Bailey reiterated that his request is a Chapter 610 request with a deadline of 5 p.m. Wednesday.

This act allows the state attorney general to enforce authority where he has "reasonable cause to believe a violation of the act has occurred implicating a matter of public importance."

"You must respond to my request immediately," Bailey writes.

Ormsby on behalf of the Hazelwood School District sent a response to Bailey's letter on Wednesday afternoon. The letter reads:

"Dear Mr. Bailey: I’d like to clarify that my letter did not indicate that your 'most egregious error' was the incorrect date (and time) of the incident. Your most egregious errors are your unsupported allegations that race was a factor in the incident and that school resource officers would have been on the scene of an incident that occurred after school hours and one-half mile from school property. St. Louis County Police and the St. Louis County prosecutor have debunked both of those allegations. As such, you have no reasonable cause to believe a violation of the MHRA has occurred and your investigation of the Hazelwood School District is unwarranted and without merit. The district acknowledges receipt of your Sunshine Law request. Due to the nature and breadth of your request, we will make every attempt to provide the requested records by April 15, 2024. Should that date change, I will provide your office with notification."

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