Three Teens Arrested in Deadly Buford Heights Apartment Shooting of Cesar Gobinez-Naba

Could the owners of Buford Heights be civilly liable in the murder of one of their tenants?

Cesar Gobinez-Naba, a 20 year-old-man, was found unconscious and with multiple gunshot wounds in the doorway of his Buford Height apartment. He was taken to the hospital, where he was pronounced dead. Police stated he sustained the wounds during the course of an altercation. Shortly following the shooting, local police began requesting information that might lead to a suspect in the murder. Three teenagers were later arrested as suspects and were charged with murder and armed robbery. 17-year-old Joe Dylan Fernandez and 17-year-old Wenjie Lin were named as suspects shortly after the arrests. An unnamed 13-year-old Chamblee boy was also charged as a suspect, although authorities have not released his name.

Negligent Security Law

When property owners ignore obvious criminal behavior and fail to take efforts to keep control of who has access to their property, they may be creating an environment that invites additional crime. Because there are suspects in the case, there is a chance that Gobinez-Naba’s family might see justice done in the criminal court system. However, the criminal justice system cannot compensate Gobinez-Naba’s family for their unimaginable loss, and it cannot force management to institute changes to make their community safer. Under Georgia law, property owners may be held liable if they do not take reasonable measures to prevent foreseeable crimes. Visible cameras, perimeter fencing with access-controlled gates, adequate lighting, or even the presence of a private security guard have been shown to help deter violent crime.

Concerns at Buford Height Apartments

Online reviews are scant, but warn prospective residents of lackluster management and problems at the property. One resident cautions that the complex is “the worst place to live in.” Another complains that “Maintenance is terrible, I have [had] more than a week with air conditioning that does not work.” Often, a failure to address basic maintenance issues can suggest that larger security concerns are not being addressed.

Only Crime Victims Can Demand Justice

When management and owners of apartment communities fail to take reasonable precautions to address known security issues, they could be held liable for violent crime that occurs on their property. It is up to the families of the victims to use the civil courts to demand justice. They may be able to get a monetary recovery for their loss, and more importantly, they’ll put pressure on landlords to implement security measures that can help prevent a similar tragedy from happening to someone else. In this way we can help Make Atlanta Safe, one community at a time.