Nickeya Cureton, 18, was walking home from her shift at Biscuitville when a moving van veered off the road in front of Pelican's Snoballs and hit her. She died instantly.
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A memorial of stuffed animals now sits at the crash scene.
"This is the most painful feeling. This tragedy is just something that's so unbearable," said Dina Cureton, Nickeya's mother.
The driver of the van, John Gieser, 58, was charged with misdemeanor death by motor vehicle and failure to maintain lane control.
He is out of jail on $5,000 bond.
Cureton said the penalty is not enough.
"He should be charged with murder because he murdered her. That's what I feel," she said.
Nickeya leaves behind 8-month-old daughter, Sa'nala.
Cureton plans to help raise her.
"She's a big image of her mother when she was a baby, and she's playful, but her daughter is looking for her mama," said Cureton.
Family members have set up a GoFundMe page to raise money for Nickeya's funeral.
Biscuitville also plans to help with expenses. A wreath was displayed in front of the restaurant Wednesday along with a jar for donations.
Nickeya's Funeral is set for Nov. 30 at Pilgrim Baptist Church in Durham.