Family of teenage girl shot, killed at Concord Mills files wrongful death lawsuit
The family of a 13-year-girl shot outside of Concord Mills in 2019 has filed a wrongful death lawsuit against the mall and its owner, among others, a family representative said Wednesday.
Aveanna Propst died on Dec. 28, 2019, after being fatally shot in the mall parking lot near the entrance of Dave & Buster’s, according to the lawsuit filed Tuesday in Superior Court in Cabarrus County.
That evening, 18-year-old Daunte Milton-Black got into a verbal altercation with a 16-year-old boy near Gamestop, a video game store, the lawsuit says. Milton-Black signaled he had a gun, which prompted the boy to run out the mall through Dave & Buster’s. Milton-Black, along with a 15-year-old boy, exited through Sun & Ski Sports and started to shoot at the boy, the lawsuit says.
Aveanna, who had been shopping for new sneakers with her family, got caught in the gunfire and died after being struck with a stray bullet.
Milton-Black and the 15-year-old boy were charged for Propst’s murder in January 2020, the lawsuit said.
The lawsuit, filed on behalf of Aveanna’s mother, Daniale Mackin, alleges that, prior to the incident, Simon Property Group had “actual or constructive knowledge of criminal activity generally at Concord Mills Mall, and more specifically of delinquent activity arising from a longstanding problem with unsupervised juveniles at the mall.” The lawsuit also says that Simon Property had the legal duty to protect lawful visitors, including Aveanna, from “reasonably foreseeable third-party criminal attacks.”
Dave & Busters Entertainment Inc., Tango of North Carolina Inc., Allied Universal Security Services, Milton-Black and the 15-year-old boy also are named in the lawsuit for negligence and causing the family emotional distress. The lawsuit seeks punitive damages and at least $25,000 in compensatory damages from each defendant.
“In reality,” the lawsuit says, “Plaintiffs’ damages far exceed this amount.”
This is a developing story. Check back for updates.