Gwinnett DA charging teen driver in death of 4-year-old girl at Mall of Georgia
DA to pursue charges against teen driver
After police announced there would be no criminal charges against an 18-year-old driver in the death of 4-year-old Abigail Hernandez, the district attorney said she did intent to press charges. Dozens of people gathered outside the Gwinnett County courthouse demanding justice for the child.
BUFORD, Ga. - The Gwinnett County District Attorney's Office says they are pressing charges against a teen driver who hit and killed a 4-year-old girl in the parking lot of the Mall of Georgia in March.
This comes just a day after the Gwinnett County Police Department said that they would not charge the driver criminally.
Abigail Hernandez was with her father and sister outside Dick's Sporting Goods when a pickup truck ran into her.
FOX 5 Atlanta spoke to the girl's heartbroken mother, who said the family was holding hands when it happened.
"A car came out of nowhere," Marina Hernandez said.
Marina Henandez said her daughter was a joyful little girl who loved pre-school, dancing and singing at church.
"She wanted to be an artist and then sometimes a doctor. She brought so much happiness to everyone,"
On Monday, the Gwinnett County Police Department said they were not charging the unnamed 18-year-old driver, saying that their investigation showed he was not driving recklessly, was not under the influence of any drugs or alcohol and did not leave the scene - all serious offenses that would have called for charges.
"The Gwinnett County Police Department expresses our condolences to the family of Abigail Hernandez during this unimaginable tragedy," a spokesperson for the department wrote in a statement.
Speaking before a meeting at the Gwinnett County Courthouse with the district attorney on Tuesday morning, Hernandez's family disagreed with the department. They said they still wanted the driver to face consequences.
"You know nothing will ever bring her back but I just want justice and hopefully you know we keep pushing for that," Marina said.
Dozens of people brought photos of Abigail and posters outside the courthouse to show their support for her family.
"The support on social media, out here with everyone – family, friends, strangers – I mean, it's been unreal and it brings a little bit of calm thoughout this whole storm that we're going through," Bryan Hernandez, Abigail's father, told FOX 5.
The Gwinnett County District Attorney's Office has not said what charges the driver will be facing but did say they will be misdemeanors.
"Sometimes this happens that we are a second look. We'll take a second look at cases and make a determination based on what we do, on whether we will pursue charges on that," said Gwinnett County District Attorney Patsy Austin-Gatson.
Austin-Gatson said she reviewed video of the incident and had been monitoring the case for several weeks before making her decision.
"We fully intend, of course, to investigate," she said. "But what we have seen now, we fully intend to bring charges on this matter."
The Abigail's aunt set up a GoFundMe campaign to help the family.