Atlanta-area prosecutor to seek misdemeanor charges against driver who killed 4-year-old

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A suburban Atlanta prosecutor says she will seek misdemeanor charges against a man who ran over and killed a 4-year-old girl after members of her family protested when police said felony charges were not warranted.

“We met with the family this morning. And we told them, of course, we intend to investigate,” Gwinnett County District Attorney Patsy Austin-Gatson told reporters. “But from what we have seen now, we have every intention of pressing charges in this matter.”

Abigail Hernandez was hit and killed March 10 in a parking lot outside the Mall of Georgia near Buford.

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Hernandez was one of three people hit by the Chevrolet Silverado that was spinning as members of his family crossed a street. Abby’s father and sister were taken to hospitals with non-life-threatening injuries.

Austin-Gaston did not specify what charges she will pursue against the 18-year-old driver. He made the announcement after Gwinnett County police said Monday they did not merit charges. Police said only serious traffic violations, including reckless driving and driving under the influence, can be imposed on private property. They said the driver, who cooperated with police, was not guilty of any of those crimes.

“Sometimes this happens,” Austin-Gaston said. “We take a second look at the cases and make a decision based on what we do about whether we will file charges or not.”

Hernandez’s family has been pushing for charges and held a protest Tuesday before meeting with Austin-Gaston.

“She loved to dance. She loved going to the park. She was sassy little Abby,” her mother, Marina Hernandez, told WANF-TV. “I have a feeling that she’s still here, like maybe I’ll see her tomorrow. I don’t know if that’s a good thing, but I just want to hug her.”

Lauren Paz, Marina Hernandez’s sister-in-law, said criminal charges were needed.

“They may not have wanted to lock him up and ruin his life, but we didn’t want to bury her,” he said.

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