Attorneys for Atlanta family of student-athlete killed by elevator demand school hand over GoFundMe money
Attorneys for the family of a student tragically killed by an elevator at an Atlanta apartment complex are pleading for the return of GoFundMe money they claim was collected by Champion Prep Academy for funeral expenses
By MARIYA MURROW, IYANI HUGHES
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ATLANTA (WGCL) — Attorneys for the family of a student tragically killed by an elevator at an Atlanta apartment complex are pleading for the return of GoFundMe money they claim was collected by Champion Prep Academy for funeral expenses, but was never handed over.
JauMarcus McFarland, who attended Champion Prep Academy, died after he was crushed by an elevator at 444 Highland Avenue. Witnesses told CBS46 the elevator went into freefall as he was trying to exit it, trapping and crushing him.
“Tomorrow, JauMarcus would have turned 19,” McFarland’s family attorney began, saying his death could have been prevented.
A photo of the elevator’s inspection certificate would later show it was past due for a checkup, with the last inspection expiring in August 2020.
Attorneys for the family of the 18-year-old football player addressed the media Thursday morning to provide updates on the ongoing investigation and urge Champion Prep Academy to turn over money that they feel belongs to JauMarcus’s family.
The attorneys are also calling for a criminal investigation into the elevator malfunction as well as a state and federal investigation into Champion Prep Academy and similar academies around the country.
CBS46 reached out to the attorney for Champion Prep Academy who provided the following statement:
“The allegations are incorrect. Champion Prep Academy provided (McFarland family) attorneys with information regarding the fundraiser.”
Previously, CBS46 received this statement from Nathan Phillips, Property Manager at 444 Highland Avenue NE:
“First, we want to offer our sincere condolences to the family of this young man, his teammates, and his friends. The state inspectors will release their findings in due course, so it would be inappropriate for us to discuss full details until that report is complete.
What we can say is the weight capacity of the elevator was 3000 lbs. — but the 16 young athletes who were inside the elevator when this occurred pushed that limit to nearly 4000 lbs. Unfortunately, this appears to be what started the domino effect of events leading to the unfortunate death of this young man. This is a horrible tragedy, and it deeply saddens us all that this has happened.
Additional details: The elevator was not due for its next five-year inspection until 2024 (it passed in 2019). Smaller annual inspections do occur and the most recent one for this elevator occurred under the previous owner. The building changed ownership in December 2020. The elevator has been on a constant maintenance program with a licensed Georgia elevator company. The building’s two elevators were serviced as recently as last week. This elevator does not have any history of previous incidents, despite news reports. This elevator will remain closed until further notice.” CBS46 then sent follow-up questions about why the property missed inspections and previous resident complaints of elevator issues. The company responded: “It’s actually the responsibility of the state to do inspections, and it’s our understanding that, in 2020, many inspections were not done because of Covid. That said, this owner didn’t control the building in 2020, but we do understand the elevator company was in the process of calling for the 2021 inspection and had not yet received a date when this incident occurred.
It’s also important to note that we should wait for the state inspectors to release their findings of what happened, but sadly, it appears the root of this tragedy lies in the fact the weight of these 16 young athletes far exceeded the weight capacity of that elevator. We can only speak to the time this owner has been in charge of this building. Since December 2020, this elevator (Elevator 1), in which this tragic incident occurred, did not have a history of issues. There is a second elevator (Elevator 2, which is actually brand new) that has had some minor issues. And yes, we have had to shut that down occasionally to address it. It’s more likely Elevator 2 is what the residents are referring to.”
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