GWINNETT COUNTY, Ga. — The Gwinnett County District Attorney Office announced Tuesday that her office will file charges against the driver accused of hitting and killing a four-year-old in the Mall of Georgia parking lot.

On March 10, Abigail Hernandez was with her father and her seven-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. Her father and sister were also injured but survived.

On Monday, Channel 2 Gwinnett County Bureau Chief Matt Johnson learned that Gwinnett police finished their investigation and determined the driver should not face charges. The driver, who has previously not been named because he was not yet charged, stayed on the scene and cooperated with police.

Hernandez’ family rallied at the Gwinnett County courthouse on Tuesday morning demanding the Gwinnett DA’s office press charges.

Gwinnett County DA Patsy Austin-Gatson told Channel 2 Action News that her office will now consider misdemeanor charges against the teen driver.

In a statement on Monday, 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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