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Teen driver who killed four-year-old girl while she was holding her dad's hand outside Dicks Sporting Goods WILL face charges, Georgia DA rules - just one day after cops threw out case

7 months ago 45
  • Abigail Hernandez, 4, was with her dad and sister when they were hit by a truck
  • Police initially decided not to charge the 18-year-old driver who struck the family
  • On Tuesday, the Gwinnett County District Attorney said they would charge him

By Rachel Bowman For Dailymail.Com

Published: 18:48 BST, 9 April 2024 | Updated: 18:52 BST, 9 April 2024

An 18-year-old driver will be charged over a car crash that killed a four-year-old girl outside Dicks Sporting Goods in Georgia, just one day after cops threw out the case.

Abigail Hernandez, four, was with her father and seven-year-old sister when they were struck by a truck as they crossed the road on March 10.

Gwinnett Police Department said the driver of a 2004 white Chevrolet Silverado pickup truck was traveling northwest from the parking lot of the Mall of Georgia and hit the family when he turned left.

Bryan Hernandez, 31, and his seven-year-old daughter experienced non-life-threatening injuries. But Abigail was taken to Scottish Rite Hospital where she died from her injuries.

'He hit the gas, 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,' Bryan told WSBTV

Abigail Hernandez (pictured), 4, was killed in a car outside a Dicks Sporting Goods in Georgia on March 10

Police said the driver of a 2004 white Chevrolet Silverado pickup truck was traveling northwest from the parking lot of the Mall of Georgia and turned left when he hit the family

Abigail was with her father and seven-year-old sister (center) when they were struck by a struck

Her father said he was holding each of his little girls hands as they exited Dick's Sporting Goods after purchasing softball clothes for his seven-year-old

The father said he was holding each of his little girls' hands as they exited Dick's Sporting Goods after purchasing softball clothes for his seven-year-old when the truck accelerated towards them.

'That was the last day I saw my daughter. Her last words were daddy,' he said.

On Monday, the police department concluded their investigation into they crash and announced that after consulting the Gwinnett County Solicitor General they would not be charging the 18-year-old driver. 

'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,' police said.

'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, and he was not under the influence of any alcohol or drugs,' police said.

At the time of the crash, police said the driver remained at the scene and cooperated with police and did not release his name. 

Her father Bryan Hernandez, 31, said the driver hit the gas as he made the turn and his daughters last words were 'daddy'

The police department concluded their investigation into they crash and announced that after consulting the Gwinnett County Solicitor General they would not be charging the 18-year-old

The family held a protest on Tuesday and the Gwinnett County District Attorney's Office announced they would charge the teenage with a misdemeanor 

The outraged family held a protest on Tuesday outside the Gwinnett County Courthouse, where the parents were able to meet with the district attorney.

'I just miss her so much, She was just a happy little girl, Abigail's mother Marina Hernandez told WSBTV.

'He killed a little girl and I feel like there should be some consequences.'

On Tuesday, the Gwinnett County District Attorney's Office announced they would be filing charges against the teenager, reported FOX 5 Atlanta.

The district attorney did not specify which charges will be filed, only that they will be misdemeanors. 

DailyMail.com has reached out to Gwinnett County District Attorney's Office and the Hernandez family for comment. 

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