GWINNETT COUNTY, Ga. — UPDATE: The Gwinnett County District Attorney’s Office announced on April 8 that it will seek misdemeanor charges.
ORIGINAL STORY
A Gwinnett County mother and father say they are outraged that the driver who hit and killed their 4-year-old daughter at the Mall of Georgia will not face criminal charges after police finished their investigation.
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On March 10, Abigail Hernandez was with her father and her 7-year-old sister when Gwinnett County police say an 18-year-old driving a truck hit them in front of Dick’s Sporting Goods. Abigail died from her injuries and her father and sister were also injured but survived.
“That was the last day I saw my daughter,” said Bryan Hernandez, Abby’s father. “Her last words were daddy.”
Hernandez says he was holding his two daughters’ hands when they crossed in front of Dick’s after buying softball clothes for Abby’s big sister. He says he remembers the driver in a pickup truck suddenly accelerating toward them as he turned out of the parking aisle.
“He hit the gas,” said Hernandez. “I put my body to the side to try to protect Abby and Addy but it was too late. I mean, it just completely ran through all of us.”
Abby was rushed to a hospital but didn’t survive.
Last week, Gwinnett County police concluded their investigation and determined the driver should not face criminal charges. The driver, who is not being named because he has not been criminally charged, stayed on the scene and cooperated with police.
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Abby’s father says he was not interviewed during the investigation and feels as if more could be done to hold someone accountable for his daughter’s loss.
“The system is completely failing us,” said Hernandez. “Completely failing a four-year-old little girl that was just barely starting her life out.”
In a statement, a Gwinnett Police spokesperson said:
The Accident Investigation Unit is responsible for investigating all fatal or life-threatening traffic crashes that occur in Gwinnett County. Our team of experts has the experience and knowledge needed to conduct detailed investigations and provide accurate conclusions.
After conducting an extensive review of the facts surrounding the fatal accident that occurred at the Mall of Georgia parking lot on March 10, 2024, the Gwinnett County Police Department concluded that no criminal charges would be obtained against the driver of the white pickup truck. This determination was made after discussions with the Gwinnett County Solicitor General. We have meticulously examined all available evidence, including the vehicle’s event data recorder information. The Accident Investigation Unit even conducted a thorough recreation of the collision.
Only serious traffic offenses are enforceable on private property (i.e. Reckless Driving, DUI, Hit and Run), and the circumstances of this incident do not meet the criteria for such charges. The driver of the pickup truck was not deemed to be driving recklessly as it pertains to Georgia Law (OCGA 40-6-390), and he was not under the influence of any alcohol or drugs.
The Gwinnett County Police Department expresses our condolences to the family of Abigail Hernandez during this unimaginable tragedy.
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For Abby’s mother, she says the condolences are not enough.
“I just miss her so much,” said Marina Hernandez. “She was just a happy little girl.”
Abby’s mother hopes police will re-open the investigation or that a grand jury may indict the driver for the crash that killed her daughter.
“He killed a little girl and I feel like there should be some consequences,” she said.
The family says they will be protesting outside of the Gwinnett County Courthouse at 9 a.m. on Tuesday.
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