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Federal judge dismisses charges against Atlanta officer in 2019 deadly shooting

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Federal judge dismisses charges against Atlanta officer in 2019 deadly shooting


Sung Kim (Atlanta Police Department)

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:

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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.”

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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.

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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.

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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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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.

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What we don’t know:

Prosecutors have not said whether they will appeal the ruling.

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SEE ALSO:

The Source: The details in this article come from federal court records and previous FOX 5 Atlanta reporting.

AtlantaNewsAtlanta Police DepartmentCrime and Public Safety
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The Best Vintage Shops in Atlanta

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The Best Vintage Shops in Atlanta


Vogue’s guide to the best vintage stores in Atlanta is part of our directory of the very best vintage around the world, curated by editors from all over. Whether you’re traveling and searching for some superb stores to visit on your trip or are curious about your local vintage treasure chests, Vogue’s directory has you covered.

Come to Atlanta for its southern charm and lush greenery, stay for its vintage. The Hollywood of the South has a lot more than on-set locations and an upcoming roster of FIFA World Cup games, and whether exploring shops along the Beltline, losing your voice at Mercedes-Benz Stadium, or itching for the eccentric pleasures of a roadside antique mall, these vintage gems make the journey to the A more than worth it.

Photo: Courtesy of The Clothing Warehouse

Dutch field pants, netted shirts, prairie dresses, and a floor-to-ceiling selection of cowboy boots are a few of the many goods awaiting your search at this Atlanta mainstay. Opened by Jim Buckley in 1992, the Clothing Warehouse now calls the hipster Little 5 Points home. Its redbrick exterior is hard to miss—head upstairs for womenswear and union-made dresses, then downstairs to a room of seriously color-coded tees—it’s likely you will find plenty of Atlanta history in the form of 1996 Summer Olympics shirts. Plus, its wholesale location is a 15-minute drive away in West Midtown, if you’re up for an afternoon dig.

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Address: 420 Moreland Ave NE, Atlanta

At the vintage and makers market Mother Lode, there’s something for every lover of old things. Founder Lindsay Short’s estate sale background is well-reflected in the shop’s range of garments, decor, and wares. Find 1930s beach pajamas beside bowling shirts and Edwardian tunics at Fellows Vintage’s booth, or ’60s wedding dresses that seem more Factory Girl than bride-to-be from Iron Pony. The hunt continues at Mother Lode’s sister location in college town Athens, which opened in 2023.

Address: 3429 Covington Hwy Ste B, Decatur

Monet Brewerton-Palmer first got her love for bridal from her grandmother, who was a shop seamstress. Then, after shopping for her own wedding dress in 2014 and ending up with four, her interest (and personal collection) only grew. Now, Brewerton-Palmer offers brides an array of dresses by Vera Wang, Oscar de la Renta, Catherine Rayner, and more. Standout pieces include a 1959 one-of-one from Jacques Heim, a silk rose-covered Christian Dior for the romantic, and a fur-accented Muriel Martin for the nontraditionalist.



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Former Atlanta principal back at his old school as its new handyman:

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Former Atlanta principal back at his old school as its new handyman:


Retirement did not last long for one Atlanta school principal.

After 10 years leading Burgess Peterson Academy, David White is back, and this time he’s making sure everything inside the school’s building runs smoothly.

White retired last September from being the school’s principal, but home didn’t suit him for long.

“I found myself really kind of lonely and disconnected,” White said. “I had lost my sense of community, for sure, so when this position became available, I kind of laughed because I used to say that it would be the perfect retirement job.”

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Retirement didn’t suit former principal David White, so now he’s back as the handyman at the Atlanta school he led to make sure everything runs smoothly.

CBS News Atlanta


White applied for the open site manager position and got the job. Now he enjoys being back in the same halls that bring him joy.

He is six weeks into the new job.

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“I find myself now always looking to see if there are lights that are burned out, if there are issues that need to be addressed,” said White. “There’s always the need for touch-up painting, right? Because kids have dirty little hands, and they love to pick paint.”

During CBS News Atlanta’s visit, White was repairing a broken lightbulb in the boy’s bathroom.

“The light started flickering, like, just blinking off and on, and so of course the kids were saying it was haunted,” he said.

Around the school, his impact hasn’t faded.

Students and staff light up when they see him.

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“It’s been really great to see their excitement to be here every day and to see Mr. White,” said principal Dr. Holly Brookins. “I really feel that having him back has added so much value to our community, and it’s really been a joyful thing for all of us.”

With a tool belt and new titles, White proves that no matter the role, some people never stop showing up for the places they love.



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APS bus struck by stray bullet in southwest Atlanta; 2 children injured, police say

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APS bus struck by stray bullet in southwest Atlanta; 2 children injured, police say


A shooting in southwest Atlanta on Wednesday afternoon left a young man injured and sent glass flying inside an Atlanta Public Schools bus carrying children.

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Atlanta Police say officers responded around 3:10 p.m. to a report of a person shot in the 2600 block of Campbellton Road SW.

When officers arrived, they found a 20-year-old man with an apparent gunshot wound. He was alert, conscious, and breathing when he was transported to the hospital.

As investigators began piecing together what happened, they discovered the violence had extended beyond the initial shooting scene.

Police say an Atlanta Public Schools bus was struck by a stray bullet during the incident, shattering one of its windows.

At the time, only the driver and two students were on board.

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The children suffered minor scratches from the broken glass, according to police. The bus driver was not injured.

No further details have been released about the condition of the shooting victim or what led to the gunfire.

Atlanta Police say investigators with the Aggravated Assault Unit are working to determine the circumstances surrounding the shooting.

The investigation remains ongoing.

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