Could a double homicide at The Ashberry expose the property's owners to liability for negligent security?
The police and family members of the victims are still seeking answers after a fatal double shooting at the Ashberry Apartments in Decatur.
DeKalb County Police responded to the complex where they found 21-year-old Hassan Freeman, and his friend Devante Dawson, age 23, shot dead in the apartment hallway. Police still consider this an active investigation and urge the public to call the tip line with any leads.
Cindy Freeman, Hassan’s mother, told WSB that she believes someone saw or heard something.
“I just want to say this right here. If anyone is watching and they know anything, please come forward because it could be you, your nephew, your kid. I just want to know who. Who killed my son?” said Freeman.
Negligent security refers to a situation where a property owner or manager fails to take reasonable measures to keep their property safe, resulting in harm to a person who was on the property. This could include failing to properly light a parking lot, failing to repair a broken lock on a door, or failing to hire adequate security staff.
Property owners in Georgia are required by law to take reasonable security measures if criminal activity is likely to occur at an apartment complex. To reduce crime in the community, landlords could be obligated to put in place effective security measures such as visible video cameras, on-site security, a perimeter fence with access-controlled gates, and even a guard station at the entrance gate and parking garage.
Apartment residents have left online reviews with a list of security and maintenance related issues. The property is “not well lit at night,” says one resident. “I run to my car. Used to feel safe, definitely don’t now.”
“The breezeway is nasty with trash and the walls have graffiti,” writes another reviewer.
“I cry at the thought of having to come home from work,” says a resident. “The leasing agent/property manager does not care.”
Georgia law mandates that landlords take reasonable precautions to deter crimes that are foreseeable. Landlords frequently end up promoting a cycle of violence if they do not confront criminal behavior that is occurring in the neighborhood. Police can find criminals and bring them to prison, but they can't do much to convince property owners take security precautions against crime on their property or make amends with the families of the victims.
Only those who have survived a violent crime or the family of the victim are eligible to sue property owners and managers in civil court. A civil judgment can assist with costs like medical bills and lost earnings as well as serve as a beginning point for healing, even if it will never entirely make up for the suffering brought on by violent crime.
It is important to understand that when property owners suffer major financial losses in court, they often feel compelled to take precautions to prevent future violent crimes on their property.
Together we can Make Atlanta Safe, one community at a time.