Teen Driver Released on $5,900 Bond After Fatal Crash at Mall of Georgia

According to Gwinnett County prison records, an 18-year-old driver charged with a crash that killed a small child in the Mall of Georgia parking lot is free on a $5,900 bond.

Jacob Johnston, 18, of Buford, has been charged with second-degree vehicular homicide and reckless conduct, both misdemeanors. Abigail Hernandez, 4, died in a March 10 crash while crossing the street with her family at the mall. In the days following the incident, no charges were brought against Johnston because Gwinnett police claimed the parking lot was private property. Then on May 24, District Attorney Patsy Austin-Gatson indicated that charges would be filed.

“For the tragedy that happened to Abby Hernandez, we give you all our condolences, and we are going to do what we can to bring some justice to the situation,” Austin-Gatson told family members during a news conference.

Johnston was detained on Friday morning and released early Saturday, according to jail records.

According to Gwinnett police, Johnston was turning from the parking lot near Dick’s Sporting Goods into Mall of Georgia Drive when his Chevrolet Silverado collided with the little girl, her father, and her sister. Abby was taken to Children’s Healthcare of Atlanta at Egleston Hospital but died. Her family members did not suffer significant injuries.

“In her short time with us, Abby brought immense joy to her family and all who knew her,” wrote the obituary. “She was a bright and kind soul who enjoyed drawing, dancing, coloring, and playing with makeup alongside her older sister. Everyone she encountered or had the opportunity to meet knew she was great!”

A police spokeswoman previously stated that Johnston was not driving under the influence of alcohol or illegal drugs at the time of the collision and remained on the scene. According to police, the original decision not to press charges stemmed from consultations with the Gwinnett solicitor general.

Family and friends were outraged by the police department’s choice to not charge Johnston. The DA’s office then evaluated the matter.

“When you see a family that has suffered this type of tragedy, we’re trying to bring justice to it,” Austin-Gatson stated. “We’re gonna do what’s right.”

Johnston’s court date has not been set.