ATLANTA — Multiple factors possibly contributed to the elevator accident on August 31 that led to the death of 18-year-old JauMarcus McFarland, according to state investigators.
The state has now issued a $5,000 fine against Sohanna Management. The citation lists violations of state rules and regulations for "operating equipment without an operating certificate" and "operating equipment in an unsafe condition."
The fine levied is the "maximum fine allowed by code," and at this time, no criminal violations have been identified, according to a spokesman with the Office of Insurance and Safety Fire Commissioner, which oversees elevator inspections and certifications for the state.
The spokesman added as of Wednesday, the fine hasn't been paid or appealed.
As 11Alive previously reported, the elevator, according to state records, was being operated "without current state inspection or operating permit" after the elevator's inspection certificate expired in August of 2020.
Also according to the state's records, the building changed ownership this past January, months after the inspection certificate expired but before the deadly incident occurred.
The details of what possibly caused an elevator inside of 444 Highland Avenue NE to fail are detailed in a report released Wednesday to 11Alive by the Georgia Office of Insurance and Safety Fire Commissioner.
Investigators listed possible elevator equipment issues as the factors, in addition to combined passenger weight above the elevator's listed capacity.
McFarland, a Champion Prep Academy football player, was pinned between the second and third floors of the mixed-use building on Aug. 31. According to Atlanta Fire, McFarland was rushed next door to Atlanta Medical Center with a faint pulse after crews initiated an hour-long extrication. The Missouri native and student-athlete later died at AMC.
Body camera video later released of the accident appears to show a crowd of people on the elevator as some jump off safely, while McFarland became pinned.
The report released Wednesday states the McFarland and his teammates from Champion Prep Academy took the elevator from the first to the third floor. The players were living in the building.
After the elevator doors opened on the third floor the elevator began dropping, the report details. Three men were able to jump off the elevator, McFarland became pinned between the elevator and floor while attempting to jump off, and 12 people were still inside the elevator.
Investigators concluded the listed operating capacity for the elevator of 3,000 pounds was exceeded. The weights listed in the report for the 16 passengers, including McFarland, total 3,655 pounds.
Attorney Shean Williams, who is representing the McFarland family, told 11Alive by phone that safety codes from The American Society of Mechanical Engineers, which have been adopted by the state of Georgia, require elevators to be able to operate with a passenger load of up to 125 percent of its listed maximum weight, which would total 3,750 pounds.
Along with the weight, wear on the elevator's brake pads and possible oil contamination on the brake pads are listed in the state's report as "possible contributing factors" to the failure.
Investigators determined when the elevator began to fall a piece of equipment called a rope gripper failed. The device is designed to stop the elevator in instances of mechanical failure.
Williams said the report supports his position that the death was preventable as the elevator shouldn't have been in use due to its expired inspection certificate, plus potentially worn and contaminated brake pads.
Williams said experts on his behalf haven't yet been able to independently inspect the elevator.
As a result of the state investigation, investigators said, "follow up inspections will be required. Repairs to elevator equipment will need to be made."
According to investigators, the State Fire Marshals Office will be required to witness necessary testing of the elevator after repairs are made and the elevator is to "remain out of service," until that time.
Investigators noted they talked with the passengers who were on the elevator and the group stated: "that both elevators were always having problems and elevator 1 shakes when riding up."
The elevator described as "elevator 1," is the elevator involved in the August 31 incident.
The Office of Insurance and Safety Fire Commissioner reported as of Wednesday afternoon, "the elevator is currently still out of service. The attorney’s office for the deceased’s family has a hold on the elevator at the moment while their experts run their own tests. Once it is released by the attorney’s office, the building management will have to make all of the repairs our investigators have highlighted and then schedule a follow-up inspection from our office before we will put the elevator back into service."
11Alive contacted a spokesperson for the property manager of the building and requested any comment or statement on the state's findings in its report. She confirmed receiving 11Alive's messages, but so far hasn't released any comments.
When asked by 11Alive if the Fulton County District Attorneys Office is investigating McFarland's death, a source with the office didn't comment on this specific incident but said in general, incidents resulting from negligence or other wrongdoing leading to death can result in criminal charges depending on the specific facts of the incident. The office hasn't confirmed if McFarland's death is being reviewed.
At this time, no lawsuits have been filed, but attorneys for the McFarland family previously confirmed they're conducting an independent investigation as they seek to hold any parties responsible for the young man's death accountable. Attorneys said the investigation will look into the apartment building owners, manufacturer of the elevator, and the prep academy McFarland was attending.