6 days ago
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.
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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.
