Two months after a 4-year-old girl was hit and killed in the Mall of Georgia parking lot, the teenage driver is now being charged.
Gwinnett County District Attorney Patsy Austin-Gatson announced during a Friday morning news conference that two misdemeanor charges had been filed against 18-year-old Jacob Andrew Johnston: second-degree homicide by vehicle and reckless conduct.
Abigail Hernandez died March 10 after crossing the street outside the Buford mall. Her father and sister were also allegedly struck by Johnston’s Chevrolet Silverado, but their injuries were not life-threatening.
Credit: Family Photo
Credit: Family Photo
Abby’s parents, Bryan and Marina Hernandez, sat in the front row during the news conference inside the Gwinnett Justice and Administration building, surrounded by other family members. The two were quiet, and Marina at one point was holding back tears. They seemed relieved, but did not want to make comments.
“For the tragedy that happened to Abby Hernandez, we give you all our condolences and we are going to do what we can do to bring some justice to the situation,” Austin-Gatson said to family members Friday morning.
According to Gwinnett police, Johnston was turning from the parking lot near Dick’s Sporting Goods onto Mall of Georgia Drive when his vehicle struck the pedestrians. Abby was rushed to Children’s Healthcare of Atlanta at Egleston Hospital but did not survive.
Originally, Gwinnett police did not file charges against Johnston, telling The Atlanta Journal-Constitution last month that since the mall’s parking lot is private property that they could only enforce “serious” traffic crimes such as reckless driving, driving under the influence and hit-and-run.
But after protests from family and friends a day later, the DA announced that charges would be filed. It took another six weeks for Austin-Gatson to lay out the specific charges.
“Vehicular homicide is not an intentional, malice type of case,” she said. “We have to look at it from a misdemeanor perspective.”
She said Friday that her office “read the law” and reiterated that sometimes the DA will bring charges in certain cases, even if police do not.
“Periodically, the police and the DA’s office will see things slightly different, but it rests in our domain as to whether we pursue it and go forward,” Austin-Gatson said.
Since the charging decision followed the protests, the DA was asked if she was making a political move. To that, Austin-Gatson said firmly, “It’s not political.”
“When you see a family that has suffered this type of tragedy, we’re trying to bring justice to it,” she said. “We’re gonna do what’s right.”
A police spokesperson told the AJC it was determined that Johnston was not driving under the influence of alcohol or illegal drugs at the time of the crash. He also remained at the scene. The original decision to not file charges came after discussions with the Gwinnett solicitor general, police said.
Credit: Ben Gray
Credit: Ben Gray
Undeterred, Abby’s family and friends braved the rain to protest April 9 outside the DA’s office, hoping charges would be filed. Not long after the protest started, DA officials took her parents inside. After meeting with them, Austin-Gatson announced that her office would bring charges in the case.
At the protest, her father said he remembered the teenage driver saying he didn’t see them crossing the street.
“He accelerated right towards us,” Hernandez said. “I remember clearly, like if it was yesterday, he would say, ‘I didn’t see you guys. I didn’t see you guys. I’m so sorry.’”
