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Toronto Sun
2 days ago
- General
- Toronto Sun
Judge dismisses murder charges against Atlanta cop in 2019 shooting of unarmed man in closet
Published Jun 04, 2025 • 3 minute read This image taken from video shows Jimmy Atchison's family holding a vigil Wednesday, June 4, 2025, in Atlanta. Photo by WSBTV / AP ATLANTA — A federal judge has thrown out murder charges against a former Atlanta police officer who shot and killed an unarmed man hiding in a closet. This advertisement has not loaded yet, but your article continues below. THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. SUBSCRIBE TO UNLOCK MORE ARTICLES Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. REGISTER / SIGN IN TO UNLOCK MORE ARTICLES Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account. Share your thoughts and join the conversation in the comments. Enjoy additional articles per month. Get email updates from your favourite authors. THIS ARTICLE IS FREE TO READ REGISTER TO UNLOCK. Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account Share your thoughts and join the conversation in the comments Enjoy additional articles per month Get email updates from your favourite authors Don't have an account? Create Account U.S. District Judge Michael Brown ruled Tuesday that Sung Kim, a 26-year veteran of the Atlanta police department, acted in self defense and shouldn't face charges in the 2019 killing of 21-year-old Jimmy Atchison. 'The evidence for self-defense is so overwhelming it is hard to understand how Georgia could have brought these charges in the first place, much less continued with them over the two-and-a-half years since,' Brown wrote in his ruling. 'Defendant's shooting of Mr. Atchison was textbook self-defense.' Kim was indicted in state court in 2022, but moved his case to federal court because he was assigned to an FBI fugitive task force when the shooting happened and thus was a federal officer. Atlanta activists have cited Atchison's death as an example of unjustified police violence against Black people. His name was often chanted by Atlanta protesters during Black Lives Matter protests in the summer of 2020. Your noon-hour look at what's happening in Toronto and beyond. By signing up you consent to receive the above newsletter from Postmedia Network Inc. Please try again This advertisement has not loaded yet, but your article continues below. The shooting also sparked policy changes. The Atlanta Police Department withdrew its officers from federal task forces because task force members weren't allowed to wear body cameras, meaning there is no video of Atchison's shooting. Officers returned after federal agencies began allowing local task force officers to wear cameras. Atchison was killed on Jan. 22, 2019, after Kim and other task force members tried to arrest him on charges that he stole a woman's purse and cellphone in an armed robbery. Kim retired from the Atlanta Police Department several months later. A Fulton County grand jury indicted Kim on charges that included felony murder and involuntary manslaughter. Officers forced their way into an apartment, prompting Atchison to jump out of a window, run through a second building and hide beneath a mound of clothes in a closet in another apartment. In his ruling, Brown rejected claims by a state witness that officers violated generally accepted police practices by entering the other apartment and the bedroom where Atchison was hiding. This advertisement has not loaded yet, but your article continues below. Testimony showed Kim shot Atchison in the face after Kim either yelled for Atchison to not move or show his hands. Atchison suddenly moved his hands from under the clothes. Family members say Atchison was raising his hands to surrender when Kim shot him in the face. Kim and other officers testified that they believed Atchison's move was threatening, as if he had a gun. Brown ruled that fear was reasonable and justified a shooting in self-defense. 'Nothing required defendant to hold off shooting until he literally saw a gun in Mr. Atchison's hand,' the judge wrote. 'He had a reasonable belief Mr. Atchison was armed and was going to shoot him. That is all that matters.' Nabika Atchison, Jimmy Atchison's sister, said in a statement that relatives are 'deeply disappointed' by Brown's decision, 'but with today's climate surrounding police brutality, I can't say we are surprised.' This advertisement has not loaded yet, but your article continues below. Tanya Miller, a Democratic state House member and lawyer representing the Atchison family, said the decision is a 'painful subversion of justice.' 'This decision underscores the troubling gap in accountability when local officers operate on federal task forces _ a no-man's land where they can violate their own department's policies, the Constitution, take a young life, and still avoid standing trial,' Miller wrote in a text message. Don Samuel, a lawyer for Kim, said via email that the ruling was correct. 'It is hard to celebrate when a young man died,' Samuel wrote, 'but there is no doubt that the decision of the Fulton County DA's office to compound the tragedy by prosecuting Sung Kim was an inexcusable abuse of prosecutorial discretion.' The Georgia state conference of the NAACP called on Fulton County District Attorney Fani Willis to appeal the ruling, saying it unjustly shields officers from accountability when they kill unarmed people. 'This ruling is not just a blow to the Atchison family's pursuit of justice — it's a threat to civil rights and public safety across the nation,' said Gerald Griggs, president of the Georgia NAACP. Crime World Celebrity Toronto & GTA Columnists
The Independent
2 days ago
- General
- The Independent
Judge dismisses murder charges against Atlanta officer in 2019 shooting of unarmed man in closet
A federal judge has thrown out murder charges against a former Atlanta police officer who shot and killed an unarmed man hiding in a closet. U.S. District Judge Michael Brown ruled Tuesday that Sung Kim, a 26-year veteran of the Atlanta police department, acted in self defense and shouldn't face charges in the 2019 killing of 21-year-old Jimmy Atchison. 'The evidence for self-defense is so overwhelming it is hard to understand how Georgia could have brought these charges in the first place, much less continued with them over the two-and-a-half years since," Brown wrote in his ruling. 'Defendant's shooting of Mr. Atchison was textbook self-defense.' Kim was indicted in state court in 2022, but moved his case to federal court because he was assigned to an FBI fugitive task force when the shooting happened and thus was a federal officer. Atlanta activists have cited Atchison's death as an example of unjustified police violence against Black people. His name was often chanted by Atlanta protesters during Black Lives Matter protests in the summer of 2020. The shooting also sparked policy changes. The Atlanta Police Department withdrew its officers from federal task forces because task force members weren't allowed to wear body cameras, meaning there is no video of Atchison's shooting. Officers returned after federal agencies began allowing local task force officers to wear cameras. Atchison was killed on Jan. 22, 2019, after Kim and other task force members tried to arrest him on charges that he stole a woman's purse and cellphone in an armed robbery. Kim retired from the Atlanta Police Department several months later. A Fulton County grand jury indicted Kim on charges that included felony murder and involuntary manslaughter. Officers forced their way into an apartment, prompting Atchison to jump out of a window, run through a second building and hide beneath a mound of clothes in a closet in another apartment. In his ruling, Brown rejected claims by a state witness that officers violated generally accepted police practices by entering the other apartment and the bedroom where Atchison was hiding. Testimony showed Kim shot Atchison in the face after Kim either yelled for Atchison to not move or show his hands. Atchison suddenly moved his hands from under the clothes. Family members say Atchison was raising his hands to surrender when Kim shot him in the face. Kim and other officers testified that they believed Atchison's move was threatening, as if he had a gun. Brown ruled that fear was reasonable and justified a shooting in self-defense. 'Nothing required defendant to hold off shooting until he literally saw a gun in Mr. Atchison's hand,' the judge wrote. 'He had a reasonable belief Mr. Atchison was armed and was going to shoot him. That is all that matters.' Nabika Atchison, Jimmy Atchison's sister, said in a statement that relatives are 'deeply disappointed' by Brown's decision, 'but with today's climate surrounding police brutality, I can't say we are surprised.' Tanya Miller, a Democratic state House member and lawyer representing the Atchison family, said the decision is a 'painful subversion of justice.' 'This decision underscores the troubling gap in accountability when local officers operate on federal task forces — a no-man's land where they can violate their own department's policies, the Constitution, take a young life, and still avoid standing trial,' Miller wrote in a text message. Don Samuel, a lawyer for Kim, said via email that the ruling was correct. 'It is hard to celebrate when a young man died," Samuel wrote, "but there is no doubt that the decision of the Fulton County DA's office to compound the tragedy by prosecuting Sung Kim was an inexcusable abuse of prosecutorial discretion." The Georgia state conference of the NAACP called on Fulton County District Attorney Fani Willis to appeal the ruling, saying it unjustly shields officers from accountability when they kill unarmed people. 'This ruling is not just a blow to the Atchison family's pursuit of justice — it's a threat to civil rights and public safety across the nation,' said Gerald Griggs, president of the Georgia NAACP.
Washington Post
2 days ago
- General
- Washington Post
Judge dismisses murder charges against Atlanta officer in 2019 shooting of unarmed man in closet
ATLANTA — A federal judge has thrown out murder charges against a former Atlanta police officer who shot and killed an unarmed man hiding in a closet. U.S. District Judge Michael Brown ruled Tuesday that Sung Kim, a 26-year veteran of the Atlanta police department, acted in self defense and shouldn't face charges in the 2019 killing of 21-year-old Jimmy Atchison.
Associated Press
2 days ago
- General
- Associated Press
Judge dismisses murder charges against Atlanta officer in 2019 shooting of unarmed man in closet
ATLANTA (AP) — A federal judge has thrown out murder charges against a former Atlanta police officer who shot and killed an unarmed man hiding in a closet. U.S. District Judge Michael Brown ruled Tuesday that Sung Kim, a 26-year veteran of the Atlanta police department, acted in self defense and shouldn't face charges in the 2019 killing of 21-year-old Jimmy Atchison. 'The evidence for self-defense is so overwhelming it is hard to understand how Georgia could have brought these charges in the first place, much less continued with them over the two-and-a-half years since,' Brown wrote in his ruling . 'Defendant's shooting of Mr. Atchison was textbook self-defense.' Kim was indicted in state court in 2022, but moved his case to federal court because he was assigned to an FBI fugitive task force when the shooting happened and thus was a federal officer. Atlanta activists have cited Atchison's death as an example of unjustified police violence against Black people. His name was often chanted by Atlanta protesters during Black Lives Matter protests in the summer of 2020. The shooting also sparked policy changes. The Atlanta Police Department withdrew its officers from federal task forces because task force members weren't allowed to wear body cameras, meaning there is no video of Atchison's shooting. Officers returned after federal agencies began allowing local task force officers to wear cameras. Atchison was killed on Jan. 22, 2019, after Kim and other task force members tried to arrest him on charges that he stole a woman's purse and cellphone in an armed robbery. Kim retired from the Atlanta Police Department several months later. A Fulton County grand jury indicted Kim on charges that included felony murder and involuntary manslaughter. Officers forced their way into an apartment, prompting Atchison to jump out of a window, run through a second building and hide beneath a mound of clothes in a closet in another apartment. In his ruling, Brown rejected claims by a state witness that officers violated generally accepted police practices by entering the other apartment and the bedroom where Atchison was hiding. Testimony showed Kim shot Atchison in the face after Kim either yelled for Atchison to not move or show his hands. Atchison suddenly moved his hands from under the clothes. Family members say Atchison was raising his hands to surrender when Kim shot him in the face. Kim and other officers testified that they believed Atchison's move was threatening, as if he had a gun. Brown ruled that fear was reasonable and justified a shooting in self-defense. 'Nothing required defendant to hold off shooting until he literally saw a gun in Mr. Atchison's hand,' the judge wrote. 'He had a reasonable belief Mr. Atchison was armed and was going to shoot him. That is all that matters.' Nabika Atchison, Jimmy Atchison's sister, said in a statement that relatives are 'deeply disappointed' by Brown's decision, 'but with today's climate surrounding police brutality, I can't say we are surprised.' Tanya Miller, a Democratic state House member and lawyer representing the Atchison family, said the decision is a 'painful subversion of justice.' 'This decision underscores the troubling gap in accountability when local officers operate on federal task forces — a no-man's land where they can violate their own department's policies, the Constitution, take a young life, and still avoid standing trial,' Miller wrote in a text message. Don Samuel, a lawyer for Kim, said via email that the ruling was correct. 'It is hard to celebrate when a young man died,' Samuel wrote, 'but there is no doubt that the decision of the Fulton County DA's office to compound the tragedy by prosecuting Sung Kim was an inexcusable abuse of prosecutorial discretion.' The Georgia state conference of the NAACP called on Fulton County District Attorney Fani Willis to appeal the ruling, saying it unjustly shields officers from accountability when they kill unarmed people. 'This ruling is not just a blow to the Atchison family's pursuit of justice — it's a threat to civil rights and public safety across the nation,' said Gerald Griggs, president of the Georgia NAACP.
Yahoo
3 days ago
- General
- Yahoo
Federal judge dismisses charges against Atlanta officer in 2019 deadly shooting
The Brief U.S. District Judge Michael L. Brown dismissed charges against Officer Sung H. Kim, citing federal Supremacy Clause and Georgia's self-defense laws. The court found Kim's belief that Atchison posed a threat reasonable, supported by testimony from other officers and a use-of-force expert. The decision ends the criminal case, following public outcry and a wrongful death lawsuit by Atchison's family. ATLANTA - A federal judge has dismissed all criminal charges against Atlanta Police Officer Sung H. Kim, ruling he was immune from prosecution in the 2019 fatal shooting of 21-year-old Jimmy Atchison during a federal task force operation. 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. Officers, with the resident's permission, entered the unit where Atchison was hiding. Kim ordered Atchison to show his hands. When Atchison made what Kim described as a sudden movement toward his face and chest, the officer fired a single shot, killing him. Investigators later determined Atchison was unarmed. Kim said he believed Atchison was about to shoot him. The court found that belief reasonable, citing testimony from other officers and a use-of-force expert who agreed that Atchison's motion constituted a "deadly force stimulus." Prosecutors argued Kim had acted recklessly and outside protocol, but Brown concluded Kim's actions were consistent with his training and operational procedures. A Fulton County grand jury indicted Kim in December 2022. The case was moved to federal court in early 2023, and Kim's legal team sought dismissal on federal immunity grounds in March 2025. Click to open this PDF in a new window. Why you should care The shooting sparked public outcry and calls for accountability. Atchison's family maintained he was surrendering when he was shot and accused officers of using excessive force. They filed a $20 million wrongful death lawsuit in 2020. What's next Tuesday's decision effectively ends the criminal case and marks a turning point in a years-long legal battle that drew national attention and prompted a 2024 congressional investigation into federal task forces involving local officers. What we don't know Prosecutors have not said whether they will appeal the ruling. 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 Atlanta officer requests murder case be moved to federal court Family of man killed during FBI raid celebrates murder charge against Atlanta officer, calls for conviction Former Atlanta officer indicted in 2019 shooting death of suspect during raid The Source The details in this article come from federal court records and previous FOX 5 Atlanta reporting.
