ATLANTA — Attorney Shean Williams said Jaumarcus McFarland should still be here to celebrate his 19th birthday on Friday, but because of a tragic elevator accident, he won’t be.

“We lost a young man at an early age that was clearly preventable,” said Williams.

Lawyers for McFarland’s family said he won’t blow out any candles because of the actions of the managers of the apartment. McFarland was crushed to death in an elevator.

“There was a deliberate and conscious disregard for the safety for the people in that apartment building,” said attorney Sam Starks.

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Attorneys said managers of the building knew that elevator was past inspection.

They also knew there were so many problems with the building, as the state fire marshal has issued nearly $13,000 in fines.

The attorneys said the neglect and disregard for safety were intentional.

It’s why they’re now asking the Fulton County district attorney’s office to start a criminal investigation.

Managers for the apartments said in the past that they would work diligently to fix the issues. They blame the incident that killed McFarland on the number of people in the elevator at the time.

The attorneys said that has nothing to do with the elevator malfunctioning.

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They point to a fire marshal’s report that indicated the elevator’s safety system wasn’t functioning properly.

“The braking and the roping system, it was worn. It was contaminated,” said Starks.

The attorneys said Champion Prep Academy was negligent in putting its students in such a substandard building.

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