Can the owners of Elite at City Park Apartments be held partially responsible for Ashley Burton's shooting death on their property through a civil lawsuit?
In the early morning hours of April 11, Ashley Burton, a transgender woman, was found shot to death at The Elite at City Park Apartments. Investigators said they believed she was shot inside a nearby apartment then collapsed and died after making it to an outdoor hallway.
Burton was a hairstylist in Atlanta who was beloved by her community, her family said.
Burton’s cousin Ivory Carter remembers Burton as a sweetheart who was selfless and gentle. Carter wants justice for her cousin.
Her mother Emma Burton, her brother Patrick Burton, and other family members in South Carolina are hoping they can get answers. Family members say they have forgiven the killer, but investigators at The Atlanta Police Department are still asking for anyone with information to call them.
If apartment management in Georgia neglects illegal activity, maintenance, or security issues and fails to take necessary measures to safeguard residents and visitors from criminal threats, they could potentially encourage more crime. Georgia state law mandates that property owners implement adequate security measures to prevent foreseeable crimes and may face legal consequences if they fail to do so.
Visible security cameras, perimeter fencing with functioning access-controlled gates, adequate lighting, and the hiring of private security guards (if justified by the level of crime) are measures that landlords can take to reduce the occurrence of violent crime.
The Elite at City Park Apartments has a notorious history in the SW area of Atlanta. We previously reported a shooting at the Elite at City Park apartments in December 2022 that left a man in critical condition.
In November 2020, a 15-year-old was killed at the Elite at City Park apartments. The victim was followed as they left the complex and was then killed by a group of five to six men, all of whom were armed with handguns.
Apartment residents have left online reviews with a list of security and maintenance related issues. “Haven’t had [air conditioning] in months,” said a reviewer who also warned that the “hallways stay smelling like piss.”
A recent review warns the property is the site of frequent gun violence. “There have been multiple police raids and domestic issues with neighbors,” they continued.
One resident said it’s a “dangerous place to live… car break-ins, drug sales,” and, of course, “roaches on roaches, on roaches.”
Georgia state law requires property owners to implement reasonable measures to deter foreseeable criminal activity. Apartment complexes may be contributing to a cycle of violence by disregarding violent crimes that occur in their vicinity.
While law enforcement can apprehend and prosecute offenders, they cannot compel property owners to take necessary action to prevent crime on their premises, nor can they compensate victims' families for their loss.
Survivors of violent crimes or victims' families are the only ones who can initiate a civil lawsuit against property owners and managers. A civil judgment can help cover expenses such as medical bills and lost wages and provide a starting point for healing, even though it may not fully compensate for the pain caused by a violent attack.
Significant financial compensation to victims may prompt property owners and managers to implement safety measures to prevent future criminal activity on their property.
Together we can Make Atlanta Safe, one community at a time.