Family of Malachi Mitchell sues alleged killer after Douglas County Sheriff's Office lets him go

DOUGLAS COUNTY, Ga. - The family of Malachi Mitchell, the 21-year-old found dead in the front seat of a car in Douglas County during a traffic stop, is suing the person who allegedly killed him.

RELATED: Douglas County mom said police released driver after her son was found dead next to him

Malachi Mitchell's family wants justice

What they're saying:

Malachi’s mother, Kenya Mitchell, says she doesn’t believe the Douglas County Sheriff’s Office will get justice for her son. 

The Sheriff’s Office said as of now, it will not be arresting the driver who shot and killed Malachi.

"If Douglas County will not do their job, our family and our attorney, we're doing our job," Mitchell said. "And we have filed a civil lawsuit for wrongful death against the killer."

Mitchell family files wrongful death civil lawsuit

What we know:

Attorney Marsha Mignott is representing Mitchell in this wrongful death suit, which she filed Friday.

"So if the family is not going to get criminal justice or justice is going to be delayed, there's nothing under the law preventing them from moving forward civilly, which is exactly what we have done," Mignott said. "We have filed the Civil Action against the responsible party in this case. We are expecting that we will be able to get everything that Malachi deserves, which is responsibility regarding the actions taken by his killer."

She told FOX 5 it’s also a way the family can get answers.

"If law enforcement is not going to figure out what happened, the family gets to do that in a civil proceeding. You can take depositions in the civil proceedings. We can call them in for testimony to be provided, sworn, locked in statements so that this family can do their own investigation," Mignott said.

The backstory:

On Thursday, the Douglas County Sheriff’s Office released a video statement. There they outlined how deputies conducting a traffic stop on Jan. 29 discovered a deceased passenger, later identified as Malachi A. Mitchell.

The driver of the vehicle, whose identity has not been released, was taken to the Douglas County Sheriff’s Office for questioning. He reportedly cooperated fully with investigators and was later released.

"The purchaser, who was also the driver of the vehicle, produced a second firearm and fatally shot Malachi Mitchell," said Lt. Col. Tavarreus Pounds in the video.

According to the sheriff’s office, the investigation has revealed that Mitchell met with the driver—who was known to him—to sell a gun. After the sale was completed, a struggle broke out in the vehicle, and the driver pulled out a separate firearm and shot Mitchell.

Following the shooting, the driver continued driving and contacted someone for advice. The individual, now a witness in the case, told investigators "the driver was in a state of panic, believed he had been set up, and thought he was being followed."

Mitchell family disputes facts of Douglas County case

What they're saying:

Kenya Mitchell says if that was the case, she questions why the driver didn’t call 911.

"That doesn't sound like someone that is scared for their life. That sounds like someone that's trying to cover up what they've done to someone else's life," she said.

The other side:

FOX 5 has requested an interview with the Douglas County Sheriff’s Office several times to get questions answered about this case.

So far, they have not responded to those requests.

What's next:

Mitchell says she at least feels some peace after a recent spiritual experience involving her son. 

"It was confirmed to me that my son is at peace. And through this, he's going to live on forever and ever," she said.

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