Elijah DeWitt murder: 1 of 2 suspects pleads not guilty; family files lawsuit against mall

GWINNETT COUNTY, Ga. - The family of Georgia high school football player Elijah DeWitt say they have filed a lawsuit against the Gwinnett County mall where his shooting death occurred. 

The announcement came just after one of the two teenagers accused in the deadly shooting plead not guilty.

Elijah DeWitt's family files lawsuit against mall

Elijah DeWitt’s family is suing Sugarloaf Mills Mall and several other companies saying his death could have been prevented.

DeWitt’s family says this civil lawsuit is purely about protecting others and making sure Sugarloaf Mills Mall is providing enough security to keep people safe.

"My ultimate goal is that no one feels the pain that we feel every single day," said Dawn DeWitt, Elijah’s mom.

The DeWitt family along with their attorneys filed a civil lawsuit against Sugarloaf Mills, Simon Property Group which owns the mall, Allied Universal which is a security company, and Dave and Buster's. 

The suit alleges when DeWitt was killed, security at the mall was lacking.

"They weren't doing enough and they weren't doing what they knew they should be doing based on the severity of the crime previously and that's the whole idea here," said Michael Rafi from Rafi Law Firm. "When you have significant crime in the past, you're on notice, it's going to happen in the future."

The family says this lawsuit is about prompting change and increasing security at the mall. They believe a civil suit is the only way to get it.

"It's not about the money, it's about the change that just needs to happen," said Craig DeWitt, Elijah’s dad.

FOX 5 reached out to the companies named in the lawsuit for their side, but so far we have not heard back.

Teen pleads not guilty to murder of Elijah DeWitt

The family announced the lawsuit minutes after one of 18-year-old Jefferson High School student and football player's alleged killers faced a judge Friday morning. 

Nineteen-year-old Chandler Richardson pled not guilty to the four charges he is facing including murder. His alleged accomplice, 18-year-old Kemare Bryan pled not guilty last month. 

Dawn says after Elijah’s death she has a responsibility to do something to save other lives.

"If I did not use that then I would feel like not only did I fail my son Elijah, but I would fail you," she said.

Kemare Bryan and Chandler Richardson (Gwinnett County Sheriff's Office)

Elijah DeWitt shot and killed outside mall

Investigators say on Oct. 5, 2022, Richardson and another teenager, identified as 18-year-old Kemare Bryan, got into a fight with DeWitt before firing the fatal shots. Police went to the Dave & Busters in the Sugarloaf Mills parking lot and found DeWitt on the ground with a gunshot wound.

DeWitt's family say the teenager was on a date with his girlfriend at the time and called it an attempted robbery gone wrong.

Days later, law enforcement agents arrested Richardson and Bryan in South Carolina. Both are charged with malice and felony murder. 

DeWitt is remembered for being a standout football player for his high school with a big heart on and off the field. His performance on the field was featured several times on High 5 Sports, including the Game of the Week during Week Six when the Dragons beat Clarke Central High School. Those who know him said he had dreams of playing college football.

COMMUNITY MOURNS DEATH OF HIGH SCHOOL FOOTBALL PLAYER KILLED IN SHOOTING AT SUGARLOAF MILLS MALL

"I want him to be remembered as a fierce competitor with a very large heart," Elijah's mother Dawn DeWitt said.

DeWitt's father says he's forgiven the two men charged with murdering his son.

"Forgiveness is for the forgiver," Craig DeWitt said. "We don't want the hate in this household."