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Driver who hit, and killed 4-year-old in Mall of Georgia parking lot faces charges, Gwinnett DA says

The Gwinnett County District Attorney provided an update on the case the day after the original police statement.

GWINNETT COUNTY, Ga. — UPDATE: The 18-year-old driver will, in fact, face charges after hitting and killing a 4-year-old girl, injuring her sister and father in the Mall of Georgia's parking lot back in March, according to the Gwinnett DA.

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No charges are to be filed in the car accident that killed a 4-year-old girl, injuring her sister and father in the Mall of Georgia's parking lot back in March, according to police. 

Gwinnett County Police Department said the driver who hit the three people, a 4-year-old girl, a 7-year-old girl and a 31-year-old man, "was not deemed to be driving recklessly as it pertains to Georgia Law." Police add that he was not under the influence of any drugs or alcohol. 

"The Gwinnett County Police Department expresses our condolences to the family of Abigail Hernandez during this unimaginable tragedy," the updated press release from Gwinnett Police said in part. 

RELATED: 4-year-old girl killed Mall of Georgia | Family GoFundMe 

This decision was made after a "thorough recreation of the collision" and consulting the Gwinnett Solicitor General with all the information the police department had. 

"We have meticulously examined all available evidence, including the vehicle’s Event Data Recorder information," police said. 

At the time of the crash, investigators said the family was crossing Mall of Georgia Drive in front of Dick’s Sporting Goods and Von Maur when authorities said an 18-year-old driver of a 2004 White Chevrolet Silverado pickup truck was turning left and hit them. 

RELATED: Mall of Georgia fatal parking lot: 4-year-old killed identified

An online fundraiser was set up for the 4-year-old, Abigail Hernandez, following the fatal crash to raise funds for the family. 

The family wrote that this is every parent's "worst nightmare."

"Our sweet little Abby girl passed away. She fought her best to stay but ultimately God called her home. Unimaginable is the only word I have to describe this," the family wrote in the online fundraiser. "We thank you for your love and support during this time."

The family announced on Monday that they would rally for justice at the Gwinnett County Courthouse around 9 a.m. 

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