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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.

Why you should care:

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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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Atlanta, GA

Atlanta Falcons adjust roster ahead of game vs. New Orleans Saints

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Atlanta Falcons adjust roster ahead of game vs. New Orleans Saints


Finally, the Falcons have elevated Robinson and Drummond to the active roster, the latter likely to accommodate better depth at receiver with Drake London out with a knee injury.

This is Robinson’s second consecutive elevation (Week 11 and 12) and Drummond’s third overall (Week 8, 9 and 12).

Reminder: Every team can elevate two players from the practice squad to the active roster for each game day. A player is allowed three elevations per season. A fourth elevation would require the player to be signed to the 53-man roster. Drummond officially falls into that category following his third elevation.

2025 Standard Practice Squad Elevations

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Week 1: WR David Sills V | RB Carlos Washington Jr.

Week 6: CB Keith Taylor | WR Deven Thompkins

Week 8: WR Dylan Drummond | QB Easton Stick

Week 9: WR Dylan Drummond

Week 10: CB Keith Taylor | OL Joshua Gray

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Week 11: CB Cobee Bryant | S Jammie Robinson



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Atlanta, GA

New Orleans faces Atlanta, seeks to break 8-game skid

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New Orleans faces Atlanta, seeks to break 8-game skid


Atlanta Hawks (9-7, seventh in the Eastern Conference) vs. New Orleans Pelicans (2-14, 15th in the Western Conference)

New Orleans; Saturday, 7 p.m. EST

BETMGM SPORTSBOOK LINE: Hawks -8.5; over/under is 230.5

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BOTTOM LINE: New Orleans heads into the matchup with Atlanta as losers of eight games in a row.

The Pelicans have gone 1-7 in home games. New Orleans gives up 121.8 points to opponents and has been outscored by 12.5 points per game.

The Hawks are 7-3 on the road. Atlanta is second in the Eastern Conference with 30.4 assists per game led by Jalen Johnson averaging 6.6.

The Pelicans average 109.3 points per game, 6.4 fewer points than the 115.7 the Hawks give up. The Hawks average 117.8 points per game, 4.0 fewer than the 121.8 the Pelicans allow to opponents.

TOP PERFORMERS: Trey Murphy III is shooting 47.0% and averaging 20.3 points for the Pelicans. Jeremiah Fears is averaging 3.0 made 3-pointers over the last 10 games.

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Johnson is averaging 22.3 points, 9.6 rebounds, 6.6 assists and 1.8 steals for the Hawks. Nickeil Alexander-Walker is averaging 38 points, five assists and three blocks over the past 10 games.

LAST 10 GAMES: Pelicans: 2-8, averaging 110.3 points, 41.8 rebounds, 23.5 assists, 10.2 steals and 3.3 blocks per game while shooting 45.6% from the field. Their opponents have averaged 119.4 points per game.

Hawks: 6-4, averaging 118.7 points, 40.8 rebounds, 31.6 assists, 10.7 steals and 5.6 blocks per game while shooting 50.1% from the field. Their opponents have averaged 114.1 points.

INJURIES: Pelicans: Karlo Matkovic: day to day (calf), Dejounte Murray: out (leg), Jordan Poole: day to day (knee).

Hawks: N’Faly Dante: out (knee), Nikola Đurisic: out (elbow), Trae Young: out (knee), Onyeka Okongwu: day to day (ankle).

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The Associated Press created this story using technology provided by Data Skrive and data from Sportradar.



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Atlanta firefighters rescue two children trapped 75 feet inside elevator shaft

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Atlanta firefighters rescue two children trapped 75 feet inside elevator shaft


Two Atlanta children are safe after a terrifying ordeal at Peachtree Center left them trapped inside an elevator shaft for hours — prompting a complex rope rescue by the Atlanta Fire Rescue Department’s Special Operations team.

Fire officials say they respond to as many as 2,000 elevator entrapment calls each year, but this one was far from routine.

A trip for lunch turns into a scare

What began as a simple afternoon walk to get lunch quickly turned into panic for 13-year-old Johnny Jones and his 11-year-old cousin, Malai Moore.

The elevator they were riding in abruptly stopped between floors inside the Peachtree Center complex — leaving them stuck with no access from the parking deck or any residential level.

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“It is actually a blind elevator shaft… they had no way to get to them,” said Battalion Chief Lem Mullins.

With no reachable entry point, firefighters first tried calling the elevator company to reset the system. They couldn’t reach anyone for hours.

A complicated rescue from above

Realizing the children couldn’t be accessed from any floor, Fire Rescue Special Operations crews initiated a vertical rescue from the top of the elevator car. Video from inside the shaft shows firefighters Ross and Captain Moss descending toward the trapped children.

“We had to build a rope system to go in at the top of the car… then send a second rescuer down to put the harness on the kids,” Chief Mullins explained.

The elevator was suspended roughly 75 feet above the bottom of the shaft.

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Inside, Johnny and Malai were trying to stay calm — pressing buttons, trying to call for help, and holding onto each other.

“It was scary and I was very terrified because I didn’t know what else would happen,” Malai said.

Johnny admitted two things crossed his mind: “I hope we get out sooner than later… and I hope we don’t die in here.”

“I needed to keep them awake”

Outside the shaft, Johnny’s mother could hear the fear in their voices as she called repeatedly to reassure them help was coming.

“They were hungry, cold, sleepy… I was calling to make sure they stayed awake so when the firefighters came down they would know what was going on,” she said.

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After hours inside the stalled elevator, firefighters successfully lifted both children to safety — cold, shaken, but uninjured.

“I said thank God that it is over,” Johnny said once he reached solid ground.

A reunion — and some celebrating

On Friday, the children were reunited with the firefighters who rescued them. Crews surprised Johnny and Malai with gift bags and a special tour of the firetruck used in the rescue.

Fire officials say specialized rope rescues like this are highly technical but something they train for regularly.

“Special training and teamwork made this rescue seem easy,” firefighters told CBS News Atlanta.

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As for the kids, they’re grateful, relieved — and maybe rethinking their next ride.

Johnny and Malai say they’ll be taking the stairs for a while.



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