Gathered outside the Gwinnett County Justice and Administration building on Tuesday morning, the parents of Abigail Hernandez were joined by family members and other supporters in their search for answers in the 4-year-old’s death.
The protesters stood in the rain, shouting and holding signs with Abby’s picture that read, “#JusticeforAbby,” and “Is My Life Not Worth Any Justice?”
A day earlier, Gwinnett police had announced that charges would not be filed in last month’s fatal crash in the Mall of Georgia parking lot. But following Tuesday’s gathering in Lawrenceville, the county’s district attorney reversed course and said charges will be filed against the 18-year-old driver accused of hitting the child and two others March 10.
“We met with family this morning. And we have told them that we fully intend, of course, to investigate,” DA Patsy Austin-Gatson said during a news conference. “But what we have seen now, we fully intend to bring charges on this matter.”
Credit: Ben Gray
Credit: Ben Gray
Austin-Gatson said the charges will be misdemeanors, but she did not share any specifics. The Atlanta Journal-Constitution is not naming the suspect because he has not been officially charged.
“I don’t want to try this case in the media,” the DA said. “This is about us being in a united community and understanding that this is a tragedy.”
Abby was one of three people hit by the driver of a Chevrolet Silverado, police said. The two other victims, Abby’s father and sister, suffered non-life-threatening injuries.
The truck was turning from the parking lot near Dick’s Sporting Goods onto Mall of Georgia Drive when it struck the pedestrians who were crossing the street, according to police. Abby was rushed to Children’s Healthcare of Atlanta at Egleston Hospital but did not survive, officials said.
Credit: Family Photo
Credit: Family Photo
Before meeting with the DA, Abby’s mother, Marina Hernandez, said she wanted the driver to face some consequences.
“I didn’t want to bury my 4-year-old daughter. I’ve been going to the cemetery, and I was just telling my mom, I’m like, ‘Mom, I have to talk to the dirt now to talk to my daughter,’” Hernandez said while crying.
The girl’s father, Bryan Hernandez, said he remembers 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.’”
Gwinnett police told the AJC on Monday that since the mall’s parking lot is private property, the only traffic offenses they could enforce were those that involved “serious” crimes, such as reckless driving, driving under the influence and hit-and-run.
A spokesperson said the 18-year-old was not driving recklessly and was not under the influence of alcohol or illegal drugs. He also remained at the scene of the incident. The decision to not file charges came after discussions with the Gwinnett solicitor general, police said.
Credit: Ben Gray
Credit: Ben Gray
When asked why the charges were being brought now, the DA told reporters that her office is a “second look.”
“Sometimes this happens,” Austin-Gatson said. “We’ll take a second look at cases and make a determination based on what we do on whether we will pursue charges or not.”
The AJC reached out to Gwinnett police to ask about the DA’s charges but has not received a response.
After the charges were announced, Abby’s mother shared her relief. She thanked prosecutors for fighting for her daughter and for clarifying why charges weren’t originally filed.
“That’s why we started the protest,” she said. “In our minds, that was it.”
— Staff writer Henri Hollis contributed to this article.
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