ON AIR NOW

LISTEN NOW

Weather

cloudy-day
54°
Chance of Rain
H 65° L 44°
  • cloudy-day
    54°
    Current Conditions
    Chance of Rain. H 65° L 44°
  • heavy-rain-day
    65°
    Today
    Chance of Rain. H 65° L 44°
  • clear-day
    56°
    Tomorrow
    Mostly Clear. H 56° L 32°
LISTEN
PAUSE
ERROR

Wsb news on-demand

00:00 | 00:00

LISTEN
PAUSE
ERROR

Wsb traffic on-demand

00:00 | 00:00

LISTEN
PAUSE
ERROR

Wsb weather on-demand

00:00 | 00:00

Parents of fatal shooting victim sue Atlanta, Underground

The parents of a man killed while shopping at Underground Atlanta have filed a wrongful death lawsuit against mall management and the City of Atlanta.

Mychal M. Fair, 22, was shot and killed on Aug. 12 as he was looking for clothes for a new job, authorities said.

Police arrested Brandon Barnes on murder, aggravated assault and gun possession charges, saying he admitted to the shooting in a phone call made from Atlanta police headquarters shortly after his arrest.

Authorities said Barnes followed Fair and his friends, then opened fire as they tried to leave the downtown shopping center following several skirmishes with a group of unknown assailants.

In a civil complaint filed Dec. 3 in Fulton County State Court, Fair’s parents said mall and city officials failed to provide adequate security and policing that might have prevented the incident.

“In the calendar year surrounding the incident … there were in excess of 6,000 crimes reported to the City of Atlanta Police Department for the premises located at 65 Alabama Street … and the surrounding area,” Michael C. Fair and Elizabeth A. Flynn said in the lawsuit.

“Notwithstanding its knowledge of the danger of criminal activity in the vicinity, defendants failed to provide adequate security on the premises in order to keep invitees safe.”

Along with the city, the lawsuit names CV Underground LLC, Underground Management LLC, O’Leary Partners Inc., Aderhold/O’Leary LLC and as many as 10 unnamed employees as defendants.

City officials had no comment on the lawsuit, saying they hadn’t been served the civil complain. And mall officials were not available early Tuesday evening for comment.

Among the complaints, Fair’s parents claim the mall didn’t have enough competently trained security guards, well-positioned security cameras, security policies or police on patrol.

They are requesting funeral and legal expenses as well as undisclosed special expenses and punitive damages.

Read More

News

  • Authorities are investigating after receiving reports Monday morning of a shooting at a high school in Texas, the Ellis County Sheriff's Office confirmed. >> Read more trending news
  • Dramatic video captured the moment a Georgia girl was thrown off a ladder and caught by a heroic firefighter weeks ago. Now, the two have reunited.  >> Watch the news report here WSB-TV was there when DeKalb County Fire Capt. Scott Stroup met the girl this weekend.  >> WATCH: Firefighter catches child thrown from burning building The fire ripped through the Avondale Forest Apartments on Jan. 3.  >> Need something to lift your spirits? Read more uplifting news  Helmet camera video showed the moment the toddler was dropped down to a firefighter as the flames roared around them. >> Read more trending news  An estimated 50 people were left without a place to live after the massive fire at the Decatur apartment complex. >> Watch the raw video here
  • The White House says President Donald Trump is focused on minimizing the harm Democrats are causing through the government shutdown.Spokeswoman Sarah Huckabee Sanders said Monday that managing the shutdown is the 'biggest part of the process' for Trump. She says the president is taking the 'absolute opposite approach' from President Barack Obama's administration, which she says tried to 'weaponize' a 16-day shutdown in 2013.Trump has been criticized for not meeting with lawmakers since a lunch Friday with Democratic New York Sen. Chuck Schumer.Trump also hasn't appeared in public since Friday. The White House released photos showing him in the Oval Office on Saturday and meeting with staff.Budget director Mick Mulvaney says he's meeting with Trump later Monday to go over the 'mechanics' of a shutdown.
  • A Michigan doctor who came to the United States nearly 40 years ago has been detained by U.S. Immigration and Customs Enforcement, WXMI reported. >> Read more trending news Lukasz Niec, who works at Bronson Healthcare in Kalamazoo, came to the United States from Poland with his parents in 1979. His family said Niec had a green card and permanent legal resident status, WXMI reported. ICE agents picked up Niec on Tuesday, his family said. His sister, Ivona Niec-Villaire, said two misdemeanors -- one for destruction of property and the other for receiving stolen property -- were included in the charging documents, and she told WXMI it was her belief that these charges were the reason ICE had detained the doctor. “When I walked into that jail cell and I had to look at him through the glass and talk with him on the phone ... I just broke down into tears,” Niec-Villaire told WXMI. “He’s scared and he’s humbled at how everyone has rallied behind him. And the first thing he said to me was, ‘I’m sorry I’m putting you through this.’ And I said, ‘You don’t have to be sorry you did nothing wrong.’” Relatives are hoping Niec’s case will be heard in early February, but said it could be weeks or even months before that occurs, WXMI reported.
  • A town less than two miles from the George Washington Bridge is putting up the 'keep out' sign for motorists seeking a shortcut to the world's busiest span.As a response to navigation apps that re-route some of the tens of thousands of vehicles headed to the bridge each morning, the New Jersey town of Leonia started barring the use of side streets to non-residents during the morning and evening commutes Monday. Violators could face a $200 fine.Local officials and police have said the decision isn't a hasty one and that they've done extensive studies of traffic patterns.Police Chief Thomas Rowe said studies have shown more than 2,000 vehicles often pass through town from just one of the three exits off Interstate 95. Leonia has about 9,200 residents and a police force of 18.'We are in a unique situation here,' Rowe said. 'We are a small town in a very busy area with a very small police force.'Maria Favale, who has lived in Leonia for nearly 30 years, said recently she tried to get to her church one morning through the congested downtown and nearly gave up.Standing outside the borough hall Monday, she noticed a marked difference: Fewer cars.'I don't know if it's because it's the first day and people are worried about tickets, but it's been great,' Favale said. 'It's beautiful; so peaceful. I can't believe it.'More than 140,000 vehicles cross the bridge each day, most during commuting hours, and when there is an accident, lane closure or other problem, it has a ripple effect. On one such day in 2014, a woman in Leonia was struck and dragged by a school bus and later died.Leonia's traffic problems have been exacerbated in the last several years as navigation apps such as Waze have exploded in popularity. They are programmed to send motorists to faster routes — and not necessarily with regard for where those routes go, Rowe said.'Any road that's open can be used regardless of topography, width, whether it's through a school zone,' he said. 'Sometimes I think they need to do a better job of seeing whether a road is suitable for cut-through traffic.'That said, Rowe said Waze has been 'extremely helpful and extremely cooperative' and has changed its app to reflect the road closures.Rowe said his officers initially will give motorists warnings, but will eventually begin writing tickets.Leonia's plan has struck a chord around the world: Rowe and Mayor Judah Zeigler have fielded interview requests from France and Canada, as well as from the major television networks and CNN.Road crews have been putting 'Do Not Enter' signs on about 60 side streets in town. Residents are exempted from the restrictions, if they display a yellow tag hanging from their rearview mirror. About 1,400 tags had been mailed to residents as of last week.'If we never write one ticket, I'd be very happy' Rowe said. 'Hopefully it will change people's driving behavior; that's the goal here.
  • Adam and Eva were not acting normally.  The labradoodles were pacing like they urgently needed to go out at 4:30  a.m. >> Read more trending news '(Adam) never tugged on my clothes before, so I was a cautious about letting them out because I didn't know if there was anything out there,' Lonnie Chester told MLive.com. In the snow and darkness, the dogs found a woman in her late 80s, wearing only a nightgown, who had fallen and was struggling in the frigid cold. 'She looked up at me and said, 'I'm so cold,'' Chester said. 'I have no idea how long she had been out there. She must have been terrified.' When they found the woman on Jan. 13 it was 9 degrees that morning. They called 911, and personnel came to the scene and treated the woman.  Family, who had been looking for the woman, came to the Chester’s house as rescue crews were there and asked if they had seen the woman. 'It could have been a tragic outcome had Adam and Eva not woken us,' Susan Chester told MLive.com. 'I don't know how they knew she was out there.