Atlanta, GA
Federal judge dismisses charges against Atlanta officer in 2019 deadly shooting
Sung Kim (Atlanta Police Department)
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.
Lawyer for ex-officer wants murder case dismissed
A Fulton County grand jury indicted Officer Sung Kim in 2022 for shooting and killing 21-year-old Jimmy Atchison during a 2019 raid. Atchison was unarmed and hiding in a closet. Kim’s lawyers have asked a judge for the case’s dismissal.
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.
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:
The Source: The details in this article come from federal court records and previous FOX 5 Atlanta reporting.
Atlanta, GA
Buckhead apartment building evacuated due to dangerous carbon monoxide levels
ATLANTA – A Buckhead apartment building was evacuated for a time late Tuesday night due to a carbon monoxide alarm.
What we know:
The incident occurred at an apartment complex in the 2900 block of Pharr Court South.
According to Atlanta Fire Rescue, firefighters are investigating elevated carbon monoxide levels.
The entire building was evacuated as a precaution.
One person was evaluated at the scene for possible carbon monoxide exposure.
Crews ventilated the building while they looked for the source.
Firefighters say they were able to finally locate the source and contain it.
Once readings were back to a safe level, residents were allowed back inside the apartments.
What we don’t know:
It remains unclear how many residents were displaced by the evacuation.
The Source: The details in this article come from the Atlanta Fire Rescue.
Atlanta, GA
2 arrested in deadly drive-by shooting of 7-year-old Atlanta girl, police say
Two suspects in a shooting that left a 7-year-old Atlanta girl dead and her mother injured are now in custody nearly a week after the violence, police say.
The shooting happened around 9:45 p.m. on Feb. 24 at a home on the 2200 block of Tiger Flowers Drive NW.
Investigators believe the shooting stemmed from a dispute between one of the victim’s family members and the gunman over the phone. Thirty minutes after the argument, the suspect came back and fired shots into the home, police said.
Officers responding to the scene found a 44-year-old woman and her daughter, identified as 7-year-old Zoe Price, shot. Medics rushed the pair to a local hospital, but Price died from her injuries.
Atlanta Police Chief Darin Schierbaum said the department’s homicide unit secured an arrest warrant for 19-year-old Preston Smith two days after the shooting. Smith turned himself in to the Fulton County Jail on March 2.
Schierbaum said officers executed a search warrant on Feb. 27 at a home on McDaniel Street. On that day, 17-year-old Steven Richardson, who police described as an “accomplice,” turned himself in to authorities.
Both men are charged with murder, criminal attempt to commit murder, three counts of aggravated assault, second-degree criminal damage to property, possession of a firearm during the commission of a felony, and four counts of third-degree cruelty to children. Richardson is also charged with possession of a Firearm by a Person Under 18.
At a press conference to announce the arrests, Atlanta Mayor Andre Dickens described Price as a bright and compassionate little girl who was “full of energy and full of joy.”
“Her life was cut short in an act of senseless violence, and that loss is not abstract. It is a chair that is going to be missing at the dinner table each night. It is an empty classroom seat next to her friends,” Dickens said.
The mayor called the arrests “a step forward towards justice” for Price’s family and families across the city.
Dickens said that violence, like the act that took Price’s life, would not be tolerated in Atlanta.
Atlanta, GA
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