Driver charged in crash that killed 4-year-old girl at Mall of Georgia

The Gwinnett County District Attorney is charging a driver in the crash that killed a 4-year-old girl in the parking lot of the Mall of Georgia in March.

District Attorney Patsy Austin-Gatson announced the charges at a press conference with family members of Abigail Hernandez.

"This is what we can do at this moment. As new evidence comes in we will do what we can to also incorporate that," said Austin-Gatson. 

A warrant obtained by FOX 5 showed that the 18-year-old driver, identified as Jacob Andrew Johnson, is facing charges of second-degree homicide by vehicle and reckless conduct.

Abigail Hernandez killed at Mall of Georgia

On the afternoon of March 10, Henandez was with her father and sister outside Dick's Sporting Goods when a pickup truck ran into her.

FOX 5 Atlanta spoke to the girl's heartbroken mother, who said the family was holding hands when it happened.

"A car came out of nowhere," Marina Hernandez said.

In April, the Gwinnett County Police Department said they would not charge the unnamed 18-year-old driver involved in the crash, saying that their investigation showed he was not driving recklessly, was not under the influence of any drugs or alcohol and did not leave the scene - all serious offenses that would have called for charges.

"The Gwinnett County Police Department expresses our condolences to the family of Abigail Hernandez during this unimaginable tragedy," a spokesperson for the department wrote in a statement. 

Following their decision, dozens of people gathered outside the Gwinnett County Courthouse to call for charges.

"You know nothing will ever bring her back, but I just want justice and, hopefully, you know, we keep pushing for that," Marina Hernandez said.

A day later, Austin-Gatson announced she would seek misdemeanor charges against the teen.

"Sometimes this happens," Austin-Gaston said. "We take a second look at cases and make a determination based on what we do on whether we’ll pursue charges or not."

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Abigail Hernandez (Photo submitted by family)

Driver accused of having illegally-altered truck

In the warrant, the Gwinnett County district attorney said that Johnson's truck's suspension system had been altered by more than 2 inches, a violation of Georgia law that allegedly prevented him from seeing Hernandez.

"The law is not so comprehensive that it's going to bring what you all really need to heal," said Austin-Gatson. 

"During an interview with police and in a written statement, the Accused claimed that the victim and her family stepped in front of the vehicle," the warrant reads. "However, upon review of the videos that captured the incident it is clear that the victim along with her father and sister were already in the roadway when the Accused made his left turn."

Officials say the warrant has been sent to a judge to sign. Johnson is not in custody at this time.