MO. Criminal Code. No arrest(s) yet AFAIK, but if tried as an adult, defendant may face 1st degree assault charge.*
Mo. Statute. Element of Crime: "serious physical injury"
* "565.050. Assault, FIRST DEGREE, penalty. — 1. A person commits the offense of assault in the first degree if he or she attempts to kill or KNOWINGLY CAUSES or attempts to cause SERIOUS PHYSICAL INJURY to another person.
"2. The offense of assault in the first degree is a CLASS B FELONY UNLESS in the course thereof the person inflicts SERIOUS PHYSICAL INJURY on the victim... in which case it is a class A felony."
(^ sbm. I added CAPS in ¶'s ^.)
Seems victim being taken to a hospital & remaining hospitalized with brain bleeding and swelling for _(?)_ days constitutes "serious physical injury."
Mo. Statute. Element of Crime: Assailant's STATE OF MIND.
** "562.016. Culpable mental state."
"3. A person "acts knowingly", or with knowledge:
(1) With respect to his or her conduct or to attendant circumstances when he or she is AWARE of the nature of his or her CONDUCT or that those CIRCUMSTANCES exist; or
(2) With respect to a result of his or her conduct when he or she is aware that his or her conduct is PRACTICALLY CERTAIN to cause that RESULT."
(I added CAPS in ¶'s ^.)
Did assailant have the "culpable mental state" necessary to be found guilty of first degree assault?
IDK if assailant "attempted to kill" her but seems likely that the assailant acted knowingly" i.e., was -
- aware of "nature of own conduct" & "circumstances" OR
- her conduct was "practically certain to cause that result."
I'm not trying to be a smart aleck, just making a point here. Imo -
- Doubtful that assailant thought she was in a tickle game, or giving Kaylee a scalp massage. IOW she was aware of her actions, that she was assaulting another person.
- Assailant knew beating Kaylee's head on concrete (not into a sofa cushion) multiple times was PRACTICALLY CERTAIN to result serious physical injuries, that is more than just a few superficial bruises, cuts, & scrapes (contusions, lacerations, & abrasions).
The short vid clip(s) could have a powerful impact on jurors.
Imo moo jmo.
__________________________________
*
565.050
**
562.016