Crime Insider sources reveal new details about 16-year-old suspect in Meadowbrook High School attack

CHESTERFIELD COUNTY, Va. — An 18-year-old student beaten at Meadowbrook High School in Chesterfield is awake and out of the ICU, according to his family, as new details emerge about the 16-year-old charged in the attack.

Multiple sources say the 16-year-old suspect was recently in the Chesterfield juvenile court system, arrested and charged in connection with a shooting at the Broadwater Apartment Homes off Route 1 a few months ago. No one was injured in that shooting, but sources say there was collateral damage. Sources add the judge dismissed the teen's charges without prejudice.

Parents have been sounding off on social media following the beating of Irvin Rodriguez Gaitan at Meadowbrook High School Monday morning, with many demanding accountability from both the school and the justice system. Some parents have called for the 16-year-old to be charged as an adult.

Legal expert Kevin Purnell said that outcome is likely.

"They're talking about a significant and/or permanent injury so at that age and what you're saying I believe they will treat him as an adult," Purnell said.

Purnell also addressed the suspect's prior juvenile record.

"Anything prior while a juvenile that shouldn't be anything that comes up," Purnell said.

Detectives are searching through surveillance footage to determine whether others were involved in the attack. Purnell said the viciousness and motive of the attack are part of the ongoing investigation.

"It's raised to a new level because the victim was unable to protect themself and the individual is helpless. Again, the setting doesn't help ... I mean it wouldn't help if it was somewhere else but in a place where we think a child is supposed to be safe and security measures have been taken out," Purnell said.

This is a developing story, so check back with WTVR.com for updates. Email the CBS 6 Newsroom if you have info, photos or videos to share.