GWINNETT COUNTY, Ga. — The Gwinnett County District Attorney announced new charges for a driver on Friday morning after 4-year-old Abigail Hernandez was hit and killed by a car in Mall of Georgia's parking lot back in March.
On March 10, Abigail was crossing Mall of Georgia Drive with her father and 7-year-old sister 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.
Abigail was taken to Children's Hospital of Atlanta-Egleston, where she later died due to her injuries.
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In an investigation, Gwinnett County Police determined the 18-year-old driver wasn't driving recklessly and charges would not be pursued. However, in an update, District Attorney Patsy Austin-Gatson said that based on evidence her office has seen, the 18-year-old driver will face misdemeanor charges.
"So, what we have done today is we have brought charges of accusation in this case, and we plan on pursuing it to the fullest extent of the law that we have," Austin-Gatson said.
During the press conference on Friday, Austin-Gatson said the DA's office is in the process of obtaining an arrest warrant for the 18-year-old driver, Jacob Johnston. He faces homicide by vehicle in the second degree, which in this case is a misdemeanor, according to Austin-Gatson. Additionally, he faces a reckless conduct driving charge.
The district attorney said that once an arrest warrant is obtained, Johnston will be arraigned, and the case will be processed.
"For the tragedy that happened to Abby Hernandez, we give you all our condolences, and we're going to do what we can to bring some justice to the situation," Austin-Gatson said. "She was a beautiful, young child, and it is unfortunate that this happened."
Re-watch the DA's full update in the video below: