Parents Of Georgia High School Football Star Who Was Gunned-Down SUE For This...

The parents hope the lawsuit will help hold the defendants responsible for their share of responsibility for their son's death and prevent similar incidents from happening in the future.

Elijah DeWitt, an 18-year-old football player at Jefferson High School, was fatally shot in the parking lot of a Dave & Buster's in Lawrenceville, a suburb outside Atlanta.

March 14, 2023

The incident took place on October 5, 2022, and two suspects, Kemare Bryan and Chandler Richardson, both from Lawrenceville, were arrested two days later in South Carolina. They are facing four counts of felony murder, malice murder, aggravated assault, and possession of a firearm during the commission of certain felonies.

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In recent developments, Richardson pleaded not guilty to all counts last week, while Bryan had already pleaded not guilty a month earlier, according to a report by FOX 5 Atlanta.

The parents of Elijah DeWitt, Craig, and Dawn DeWitt filed a complaint for damages against Simon Property Group LP, which owns and operates Sugarloaf Mall, as well as Dave & Buster's, the security director for Sugarloaf Mills, and Universal Protective Service LLC, who are all named as defendants in the lawsuit.

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The complaint alleges a history of crime on the premises and that the defendants were aware of the dangerous and hazardous conditions, likely to result in injuries and/or death to their invitees, including Elijah. The lawsuit further claims that the defendant's failure to warn visitors about the dangerous activity and provide adequate and reasonable security measures led to Elijah's death.

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According to Michael Rafi of Rafi Law Firm, "When businesses know that their property is dangerous, they have 2 options: 1) warn visitors, so they know about the danger and can make an educated decision about whether to go to the property, or 2) if they choose not to warn visitors, then they need to take reasonable safety measures to protect customers who are unaware of the danger. These Defendants did not warn or keep people safe."

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The complaint also alleges that before the incident, there had been numerous reports of criminal and dangerous activity at the premises and in its immediate surrounding area, including aggravated assaults, robberies, car break-ins, and firearm-related crimes, about which defendants knew. For that reason, as well as others, dangerous criminal activity at the premises was reasonably foreseeable.

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The lawsuit seeks an award of "punitive damages without limitation or cap," as well as compensatory damages in an amount to be determined by a fair and reasonable jury for damages suffered, including physical, emotional, and economic injuries. This includes mental anguish, fright, shock, and terror, funeral and burial expenses, and future lost wages and earning capacity, making up "all elements of the full value of Elijah DeWitt's life."

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The management of Dave & Buster's offered their condolences to the victim's family and friends, stating that they cooperated with law enforcement during the investigation of the incident. At this time, they are unable to comment further as the case is currently pending litigation.