2 Teenagers Dead in Shootout at the Retreat at Greenbriar Apartments

Will the owner of the Retreat at Greenbriar Apartments face civil liability for a shootout at the complex that left two dead and more wounded?

Police responded to the Retreat at Greenbriar apartment complex in southwest Atlanta after hearing of a shootout there. Multiple children were found with gun shot wounds, two of them were fatally shot.

Malik Grover, 14, and Justin Powell, 16, were identified as the slain teens. The wounded victims were two 15-year-olds and an 11-year-old. There injuries were not considered life-threatening.

Investigators believe a social media dispute led to the real world shooting. Police would not provide further details, however, they have arrested a 19-year-old suspect.

Natosha Hinton, the mother of Justin Powell, told Atlanta’s 11Alive, that the family was devastated. “My baby wasn’t like that, he wasn’t like that, my baby wasn’t like that,” said said.

“He was not out there robbing and killing or none of that, he was just a baby," said Erik Hinton, the teen’s father. "If it was some talk on social media, it’s just talk."

Georgia Negligent Security Law

In Georgia, if an apartment complex has a history of criminal activity in its vicinity, the owners are mandated by law to implement effective security measures. These might include an access-controlled gate, a perimeter fence, security cameras that are visible to all, a security team on the premises, and a guard station at the entrance.

Research has demonstrated that these precautions can significantly decrease the likelihood of violent crime in apartment communities. The access-controlled gate and perimeter fence serve to restrict access to the complex, thereby deterring potential perpetrators. Security cameras and on-site security personnel help keep a watchful eye on the property, ready to act in the event of any incidents. The guard station at the entrance adds another layer of protection and makes it easier to control who enters the complex.

A History of Negligence at the Retreat at Greenbriar Apartment Complex

In 2019, when the complex was called The Park at Greenbriar, a man was fatally shot at the complex. This caused a deputy sheriff who was living at the complex at a reduced rent in exchange for his security services to move out. The apartment manager had told him they had no budget for security guards.

As reported by the AJC, the shooting in 2019 was the first in a five-month period of violence at the property. A visitor was shot in the face, another visitor was shot in the parking lot, another visitor was shot while walking to Greenbriar Mall to meet up with his mother, apartments were sprayed with gunfire, one tenant was robbed by armed men, another tenant reported her children were held at gunpoint, and a maintenance supervisor was threatened with a gun.

Online reviews for the complex indicate a place that is frequently home to violence. One reviewer reported “constant gun shots.” Another has “so many complaints,” and says the last straw was the shooting that occured “right outside my daughters window.”

“A bottomless pit of disaster!” warns a review. “They have homeless people walking in and out of abandoned apartments.”

Only Crime Victims or Their Family Can Demand Justice

In Georgia, apartment complex owners are legally obligated to take reasonable steps to prevent foreseeable crimes from occurring. If landlords fail to address criminal activity in the area, they may inadvertently perpetuate a cycle of violence.

The police can apprehend the perpetrators and seek justice, but they do not have the authority to force property owners to implement security measures or compensate the families of victims. Only the survivors of violent crimes or the victim's family can bring a lawsuit against property owners and management companies in court. While a civil judgment can provide some financial relief, such as covering medical expenses and lost earnings, it cannot fully compensate for the emotional pain and suffering caused by violent crime.

It is important to note that property owners and managers are unlikely to take action to prevent violent crimes on their property until they've faced significant damages in court.

Together we can Make Atlanta Safe, one community at a time.