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Former Atlanta officer's lawyers ask judge to drop felony murder charges

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Former Atlanta officer's lawyers ask judge to drop felony murder charges


Federal court filings reveal that a judge will decide whether the felony murder case against former Atlanta Police Officer Sung Kim will proceed or be dismissed under federal immunity.

“He was murdered. He was unarmed, surrendered, complied while posing no threat,” Jimmy Hill, father of Jimmy Atchison, told FOX 5. “And yet he was shot.”

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Hill has demanded Kim stand trial for the 2019 shooting of his 21-year-old son, who was unarmed and hiding in a closet when he was killed. 

Investigators said Kim was part of an FBI task force at the time, and Atchison was wanted on an attempted robbery charge.

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What we know:

A Fulton County grand jury indicted Kim in 2022 on charges including felony murder, involuntary manslaughter, and violation of oath. 

His attorneys successfully moved the case from state to federal court, arguing he was acting as a federal law enforcement officer. 

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They have now filed a motion to dismiss the charges, claiming Supremacy Clause immunity.

The other side:

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In their motion, Kim’s attorneys argue he acted in self-defense, stating Atchison “raised his hand as if pointing a gun.” 

Because Kim was on a federal task force at the time, the motion argues Kim “was acting reasonably and not beyond what was necessary and proper as a federal law enforcement officer.”

The Fulton County District Attorney’s Office responded in a filing that deadly force was not justified.

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“Here, deadly force was not the degree of force needed to defend against Atchison’s alleged conduct,” prosecutors wrote. 

The backstory:

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At the time of the shooting, Kim’s body camera was not on, in compliance with U.S. Department of Justice guidelines. 

Following Atchison’s death, those guidelines have changed, and the Atlanta Police Department has stopped participating in these task forces.

What’s next:

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There is no indication of when the judge will rule on Kim’s motion to dismiss the case. 

Hill vows to keep fighting for justice for his son. 

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Neither the Fulton County District Attorney’s Office nor the lawyers listed for Kim on court filings returned requests for comment.

SEE ALSO:

The Source: This article is based on original reporting by FOX 5’s Rob DiRienzo. Information was obtained using federal court filings on PACER, along with prior FOX 5 reporting. 

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Atlanta, GA

Power outage impacts more than 5,000 customers in Midtown Atlanta

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Power outage impacts more than 5,000 customers in Midtown Atlanta


Thousands of people are without power in Midtown Atlanta as crews work to restore service following an equipment failure, according to Georgia Power.

The outage affected nearly 5,300 customers, stretching from Currier Street Northeast to 11th Street.

Georgia Power said the outage was caused by an equipment issue, and crews are on-site making repairs. 

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Officials added that, thanks to smart grid technology, service is expected to be remotely restored to more than half of affected customers soon.

An estimated restoration time was listed at 10:15 a.m.



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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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