The parents of a Jefferson High School football athlete are suing Sugarloaf Mills, Dave and Buster’s and others, accusing them of failing to provide adequate security before their son was fatally shot outside the Gwinnett County mall in October of last year.
Filed in Gwinnett County State Court this week, the eight-page lawsuit says Elijah DeWitt, 18, was killed during an attempted armed robbery in the parking lot outside of Dave and Buster’s. The complaint also alleges the defendants knew the mall was in a “high crime area” and that there were “hazardous conditions” there that “were likely to result in injuries and/or death to their invitees, including Elijah.”
“This is not the dream we had for our son; instead it has become a daily nightmare that we are unable to wake up from,” his parents, Craig and Dawn DeWitt, said in a statement. “We are constantly reminded of the opportunities and moments that were taken away from him and sincerely hope that we can use our voices to help bring about some change that will prevent another family from experiencing this in the future.”
Simon Property Group, a real estate investment trust that owns shopping centers, and Dave and Buster’s did not respond to requests for comments Friday. But Dave and Buster’s issued a statement to WSB-TV, saying it “sends its sincerest sympathies and condolences to the family and friends of the victim of the incident. We have cooperated with law enforcement during the investigation of this matter.”
Chandler Richardson, 19, and Kemare Bryan, 18, both of Lawrenceville, were arrested and booked into the Gwinnett jail on charges of malice murder, felony murder, aggravated assault and possession of a firearm during the commission of a felony in DeWitt’s death. Bryan pleaded not guilty last month. Richardson was scheduled for an arraignment hearing Friday. His attorney did not respond to a request for comment Friday, but Fox 5 reported that Richardson pleaded not guilty.
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