‘Get some better security:’ Family of teen killed at NC mall files wrongful death suit
The family of a 13-year-old girl fatally shot outside of Concord Mills in 2019 has filed a wrongful death lawsuit against the mall and its owner, among others.
Aveanna Propst died on Dec. 28, 2019, after being caught in a shootout in the mall parking lot near Dave & Buster’s, according to the lawsuit filed Tuesday 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 of the mall through Dave & Buster’s. Milton-Black and a 15-year-old boy exited through Sun & Ski Sports and started to shoot at the 16-year-old, the lawsuit says.
A stray bullet struck Aveanna as she held the hand of her older sister, Masaliss. The two had been shopping for new sneakers.
During a news conference in Dilworth on Wednesday, Aveanna’s mother, Daniale Mackin, said she can’t sleep, eat or do anything without thinking about her daughter laying motionless in the mall parking lot without any assistance.
“I’m traumatized,” she said. “We lost her to senseless crime, and nobody’s done nothing about it.”
Milton-Black and the 15-year-old boy were charged with murder in connection to Aveanna’s death in January 2020, the lawsuit said. Milton-Black awaits trial, according to the Cabarrus County Jail website.
The lawsuit, filed on behalf of Mackin, alleges that prior to the incident, mall owner Simon Property Group had “actual or constructive knowledge of criminal activity” at Concord Mills, 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 and Milton-Black 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.”
Lawsuit cites previous incidents, warnings at Concord Mills
The lawsuit references 38 crimes committed at the mall — including burglaries, assaults, armed robberies and larceny — dating back to 2015.
A common trend: the involvement of teenagers, specifically teenage boys.
On Sept. 7, 2017, two fights between juveniles broke out in the mall about 45 minutes from each other, according to the lawsuit. The first fight involved 40 juveniles in the parking lot outside a bookstore. The second fight happened near the AMC Theater, and led to an assault on two police officers. Mall personnel admitted to making a number of complaints about unsupervised juveniles fighting after the incident, the lawsuit says.
Four days later, the lawsuit says Concord Police met with mall management to discuss security issues. Police met with management again in March 2018 to address more security concerns. According to the lawsuit, police warned management “that something bad, like a shooting was going to happen.” Mall management replied that “it would probably take a shooting for any changes to be made by corporate,” the lawsuit says.
Simon Property did not respond to a request for comment from the Observer.
“Since the shooting that took the life of Aveanna Propst, more incidents continue to occur at Concord Mills Mall,” Brian Mickelsen, the family’s lawyer said in a statement. “Unless something changes, Concord Mills Mall will continue to be the scene of violence and tragedy in the community.”
Concord Police Chief Gary Gacek told the Observer on Wednesday that the incidents and calls for service detailed in the lawsuit, from his recollection, appear to be accurate. Beyond that, Gacek said he didn’t have any further comments on the complaint.
“We’ll let the civil litigation run its course,” Gacek said, adding that his department has provided documents and public records request by the family.
‘I’m traumatized’
On Wednesday afternoon, family and supporters stood behind Mackin and Aveanna’s father, Omar Propst, in front of the law firm of Tin Fulton Walker & Owen in Dilworth.
Propst and Mackin held up pictures of their daughter.
“We miss Aveanna so much, and I speak for all of us,” Mackin said. “We only have memories with her and it’s not supposed to be like that.”
Mackin said Simon Property should “get some better security” because it could have prevented the death of her daughter.
“It could’ve been so easy if they would’ve just escorted them off the premises and watched them leave,” she said about the suspects.
Mackin and her lawyers said they have not heard from Simon Property about the lawsuit or changes they have made to mall security since the shooting.
“It breaks my heart to know that nothing is being done, and that this can happen to somebody else simply from senseless crimes and [Simon Property] not doing nothing about it,” Mackin said. “Somebody got killed and they’re still not doing nothing about it.”
This story was originally published May 5, 2021 at 2:06 PM.
