Federal judge dismisses criminal charges against Atlanta police officer over death during arrest operation

A national justice dismissed transgression charges against a erstwhile Atlanta constabulary officer successful the decease of Jimmy Atchison, ruling that the actions Sung Kim took starring to the shooting of the 21-year-old Black antheral during an apprehension cognition were "textbook self-defense." 

U.S. District Judge Michael Brown said successful his ruling Tuesday that "the grounds for self-defense is truthful overwhelming it is hard to recognize however Georgia could person brought these charges successful the archetypal place, overmuch little continued with them implicit the 2 and a fractional years since." 

Kim was indicted successful December 2022 connected charges including involuntary manslaughter, felony execution and aggravated battle successful the aftermath of the 2019 sidesplitting of Atchison, the taxable of an apprehension warrant for equipped robbery.  

Brown’s ruling said Kim was a subordinate of the FBI Atlanta Violent Crime Task Force and that Atchison fled from instrumentality enforcement erstwhile they showed up to instrumentality him into custody astatine an flat analyzable successful January that year. 

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Jimmy Hill holds a motion successful representation of his lad Jimmy Atchison, who was changeable and killed by an Atlanta constabulary serviceman successful 2019.  (Julia Beverly/Getty Images)

Kim yet recovered Atchison hiding successful a closet nether a heap of apparel successful different woman’s flat and helium "pointed his weapon astatine Mr. Atchison and yelled ‘show america your hands,’ ‘don’t move,’ oregon thing on those lines," according to the ruling. 

"Mr. Atchison said thing successful response. Instead, helium abruptly and rapidly moved 1 of his hands -- oregon perchance some of his hands ‘clamped together’ -- from underneath the apparel towards Defendant’s face/chest area," it continued. "Thinking Mr. Atchison had a weapon and was going to shoot, Defendant fired a azygous changeable that killed him." 

The ruling said that anterior to entering the flat and past portion going done its rooms, officers called retired aggregate times for Atchison to uncover himself, yet received nary response. 

"Under the doctrine of Supremacy Clause immunity, a authorities cannot prosecute a national serviceman if (1) the serviceman was ‘in the show of an enactment which helium [was] authorized by national instrumentality to bash arsenic portion of his duty,’ and (2) ‘what the serviceman did was nary much than what was indispensable and due for him to do,’" the ruling besides said. 

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Jimmy Hill, begetter of Jimmy Atchison, is seen holding a poster connected March 8, 2021 successful Atlanta, Georgia.  (Megan Varner/Getty Images)

Brown yet dismissed the charges connected the ground of Supremacy Clause immunity and self-defense immunity. 

"It is hard to observe erstwhile a young antheral died; but determination is nary uncertainty that the determination of the Fulton County DA’s bureau to compound the calamity by prosecuting Sung Kim was an inexcusable maltreatment of prosecutorial discretion," Kim’s attorney, Don Samuel, told WSB-TV pursuing the ruling. "Judge Brown’s determination was unambiguous: Sung Kim’s acted successful self-defense." 

When Kim was indicted successful 2022, his begetter Jimmy Hill said "This is what we person been praying for, ever since that time Jimmy was taken from us."  

"We person had marches, meetings, everything you tin deliberation of, to beg Fulton County to instrumentality action. I told the satellite I would ne'er springiness up connected justness for my lad -- nary substance however agelong it took," helium added astatine the time, according to the Associated Press. 

Jimmy Hill attends Brothas and Brews: Black Men's Town Hall sponsored by Team Harris-Walz and the Democratic Party of Georgia astatine Atlantucky Brewing connected Oct. 11, 2024 successful Atlanta, Georgia. Hill holds signs successful representation of Jaylin McKenzie, who was killed by Memphis constabulary serviceman successful 2022, and his lad Jimmy Atchison, who was changeable and killed by an Atlanta constabulary serviceman successful 2019.  (Julia Beverly/Getty Images)

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Kim retired from the Atlanta Police Department months aft the fatal shooting, WSB-TV reported. In March, his ineligible squad sought to disregard the charges, according to Fox5 Atlanta.