ATLANTA — The family of a 22-year-old who lost his life during an attempted dognapping in a Buckhead apartment complex four months ago announced a lawsuit on Thursday.
Jayden McKinnon was walking his two French bulldogs on Aug. 13 when he was shot.
McKinnon's mother spoke at the news conference for the first time since her son's death, explaining how the owners of the Willowest in Lindbergh apartment complex “failed us.”
“I blame myself,” she said. “I wish it was me instead of my son."
The lawsuit, against the owners of the apartment complex -- Waterton, alleges that the gate wasn't working at the time of the shooting and had been broken for weeks.
Attorneys allege that the apartment complex gate was fixed the next day after he was killed on Aug. 14 at the news conference. Attorneys also said the complaint states that the owners were negligent in not repairing the gate until after the death.
The lawsuit was filed Thursday morning in Gwinnett County.
McKinnon was in the process of starting a French bulldog breeding business with some of his family members when the shooting happened, warrants previously obtainted stated.
The warrant states McKinnon was on his phone with a friend who lives in the complex. This friend overheard McKinnon say to someone, "$6,500." The friend said McKinnon told him he would call him back. In the warrant, it states a few moments later, the friend heard gunshots in the complex.
McKinnon, according to the warrant, ran towards his friend's apartment; he had been shot in the neck. McKinnon was rushed to Grady but didn't survive. McKinnon's bulldogs were also stolen during the shooting.
The FBI Task Force then arrested 24-year-old David Kinney Jr of Riverdale days later in Clayton County and charged with murder, aggravated assault, armed robbery and gun possession. Authorities said he was also wanted for alleged murder in Colorado. The FBI confirmed the stolen French bulldogs were safely recovered.
On Thursday, the attorney said that the suspect was able to drive through the gate because it was broken, leading to McKinnon's death, which they believe could have been prevented.
McKinnon's mother said she was told at the beginning of her lease that if the gate was broken-- tenants would at least have security to rely on, but she says that was not the case.
"I was reassured that I was going to be in a safe place," she said at the news conference.
"I can count security on my one hand," she added.
She also mentioned other issues she has had at the complex.
I'm a single mother and I work two jobs to bring my son to a safe place, and unfortunately, they failed us," the mother said.
McKinnon's mother said her son had many dreams, including a rap career, a trucking company and a breeding business.
11Alive has reached out to the apartment complex owners for comment.
You can read the full lawsuit below: