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A tragic incident occurred in a parking lot outside the Mall of Georgia near Buford, where a 4-year-old girl named Abigail Hernandez was struck and killed by a Chevrolet Silverado driven by an 18-year-old. Hernandez was one of three family members hit by the vehicle as they were crossing the street, resulting in her untimely death. Her father and sister suffered nonfatal injuries and were taken to hospitals for treatment. Following the incident, the Gwinnett County District Attorney, Patsy Austin-Gatson, expressed her intention to seek misdemeanor charges against the driver despite initial reports from police stating that no charges were warranted.

After meeting with Hernandez’s family, Austin-Gaston confirmed that charges would be brought against the driver, although she did not specify the exact nature of the charges she will pursue. This decision came after Gwinnett County police initially stated that only serious traffic offenses such as reckless driving and driving under the influence could be enforced on private property. They also noted that the driver, who cooperated with authorities following the incident, did not commit any of these offenses. Austin-Gaston acknowledged the complexity of the case and the need to reevaluate certain situations to determine whether charges should be pursued.

Hernandez’s family has been advocating for charges to be filed against the driver and held a protest prior to meeting with Austin-Gaston. Describing Abigail as a happy and energetic child who loved dancing and going to the park, her mother expressed the grief and disbelief surrounding her daughter’s tragic death. The family emphasized the need for accountability and justice in the case, noting that while they did not wish to ruin the driver’s life, they were devastated by the loss of their beloved family member. The decision to seek charges against the driver reflects the family’s call for action and accountability in the wake of this devastating loss.

The announcement of seeking misdemeanor charges against the driver signifies a shift in the case’s legal trajectory and acknowledges the family’s desire for justice and closure. Austin-Gaston’s decision to reevaluate the situation and pursue charges highlights the importance of thorough investigation and accountability in cases of this nature. The tragic loss of Abigail Hernandez serves as a stark reminder of the potential consequences of reckless driving and the need for adequate enforcement of laws to prevent such incidents from occurring in the future. By seeking charges against the driver, the legal system aims to provide a sense of justice and closure to the grieving family and community affected by this heartbreaking tragedy.

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