An 18-year-old driver charged in a crash that killed a young girl in the Mall of Georgia parking lot is free on $5,900 bond, Gwinnett County jail records show.
Jacob Johnston, 18, of Buford, was charged with second-degree vehicular homicide and reckless conduct, both misdemeanors. The March 10 crash killed 4-year-old Abigail Hernandez while she crossed the street with her family at the mall.
In the days after the crash, no charges were filed against Johnston because Gwinnett police said the parking lot was private property. Then on May 24, District Attorney Patsy Austin-Gatson announced charges would be filed.
“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 during a news conference.
Johnston was arrested Friday morning and released early Saturday, jail records show.
According to Gwinnett police, Johnston was turning from the parking lot near Dick’s Sporting Goods onto Mall of Georgia Drive when his Chevrolet Silverado struck the little girl, her father and sister. Abby was rushed to Children’s Healthcare of Atlanta at Egleston Hospital but did not survive. Her family members were not seriously injured.
“In her short time with us, Abby brought immense joy to her family and all who knew her,” her obituary stated. “She was a bright and loving soul who adored painting, dancing, coloring and playing with makeup with her big sister. Everyone she came across or who had the chance to meet her knew she was so incredible!”
A police spokesperson previously said Johnston was not driving under the influence of alcohol or illegal drugs at the time of the crash and remained at the scene. The original decision to not file charges came after discussions with the Gwinnett solicitor general, police said.
Family and friends were angered over the police department’s decision to not charge Johnston. The DA’s office then reviewed the case.
“When you see a family that has suffered this type of tragedy, we’re trying to bring justice to it,” Austin-Gatson said. “We’re gonna do what’s right.”
Johnston’s court date has not been scheduled.
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