Father of unarmed man killed by Atlanta police officer demands appeal after murder charge dropped
The Brief
A federal judge ruled the former officer was immune under the Supremacy Clause.
Jimmy Hill says his son was unarmed and had surrendered when he was shot.
The DA's office says it's reviewing the ruling and considering next steps.
ATLANTA - The father of Jimmy Atchison says he won't stop fighting for justice after a judge dropped all charges against the former officer who killed his son.
"It was unjust. This ruling was unjust," Jimmy Hill, Atchison's father, said. "I was enraged. I was caught off guard."
"I know it's my son, and I love him," Hill said. "He was murdered unnecessarily and unjustifiably. My son was unarmed, surrendered."
A federal judge dismissed the charges against former Atlanta Police Officer Sung Kim, including felony murder, on Tuesday.
What we know
U.S. District Judge Michael L. Brown issued the ruling on Tuesday, citing both the federal Supremacy Clause and Georgia's self-defense laws as grounds for dismissal. The decision voids a Fulton County grand jury indictment that charged Kim with felony murder, involuntary manslaughter, aggravated assault, and violation of oath of office.
"There is no genuine dispute that [Kim] reasonably believed his actions were necessary and proper," Brown wrote. "The evidence for self-defense is so overwhelming it is hard to understand how Georgia could have brought these charges in the first place."
The backstory
The incident occurred on January 22, 2019, when Kim, a 26-year veteran of the Atlanta Police Department and a deputized member of the FBI's Atlanta Violent Crime Task Force, joined a team attempting to arrest Atchison on an armed robbery warrant. According to court documents, Atchison fled from officers, first jumping from a window and then running through a northwest Atlanta apartment complex before hiding inside a closet beneath a pile of clothes.
A Fulton County grand jury indicted Kim in 2023.
Kim's lawyers successfully moved the case to federal court, where the judge later ruled he could not be prosecuted.
Hill believes the case should not have been moved. "It should've stayed state. Because it was a former Atlanta police officer on loan to a federal task force," Hill said.
What they're saying
"Is this what America is about? This can't be what America says it stands for," Hill said. "Who is liberty and justice really for if a federal officer can't be held accountable for police misconduct?" he added.
"For six years, we have stood shoulder to shoulder with the Atchison family as they have demanded justice," said Gerald Griggs, President of the NAACP Georgia State Conference. "Yesterday's decision is not only hurtful to the Atchison family and their community, it further erodes trust in law enforcement. The federal court's dismissal goes against the will of the Fulton County grand jury and undermines the justice that the Atchison family deserves."
"This ruling is as dangerous as it is disgraceful," said Derrick Johnson, President and CEO of the NAACP. "It gives federally deputized officers legal immunity from community oversight and justice. We will not allow law enforcement to devalue our community's lives. The police officer who killed Jimmy Atchison must be held accountable for his actions
What's next
Atchison's father has started a petition calling on Fulton County District Attorney Fani Willis to appeal the ruling.
Her office says it is reviewing the judge's orders and deciding next steps.
"First off, I have to give thanks to God because he's the one that's been giving me strength and guidance," Hill said.
SEE ALSO:
Former Atlanta officer's lawyers ask judge to drop felony murder charges
Jimmy Atchinson shooting: Hearing set for ex-APD officer indicted for murder
Congress launches probe of city cops on federal task forces after Jimmy Atchison shooting
Atlanta officer requests murder case be moved to federal court
Former Atlanta officer indicted in 2019 shooting death of suspect during raid
Family of man killed during FBI raid celebrates murder charge against Atlanta officer, calls for conviction
The Source
This article is based off of original reporting by FOX 5's Rob DiRienzo. Additional information was provided by the NAACP and the Fulton County District Attorney's Office.
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