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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

Kenyan man sentenced after planning 9/11-style terrorist attack on Atlanta

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Kenyan man sentenced after planning 9/11-style terrorist attack on Atlanta


Metro Atlanta

Prosecutors say he had researched the Bank of America Plaza and Delta Air Lines jobs as part of alleged plot.

The Bank of America Plaza, seen behind the Georgia Tech campus in March 2024, was the target of a terrorist plot by Cholo Abdi Abdullah, who was sentenced to life in prison Monday. (Jason Getz/AJC 2024

A Kenyan man was sentenced to life in federal prison after plotting what federal prosecutors called a Sept. 11-style plane attack on Atlanta’s tallest building on behalf of a foreign terrorist organization.

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Cholo Abdi Abdullah, 35, was found guilty by a New York City jury in November 2024 on all six counts of conspiracy to hijack a U.S. airliner and crash it into an Atlanta building. He was sentenced to life in prison by U.S. District Judge Analisa Torres on Monday.

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Jozsef Papp

Jozsef Papp is a crime and public safety reporter for The Atlanta Journal-Constitution.

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Atlanta featured the Kentucky fan base at its finest

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Atlanta featured the Kentucky fan base at its finest


Walking around the streets of downtown Atlanta around 11:00 a.m. on Saturday, it looked like a gathering for the largest Kentucky quarter-zip convention in the world. If Nashville brought out all the flannels, Atlanta provided a more Southern sophistication vibe. But no matter what they were wearing, Big Blue Nation was at its finest.

In Nashville against Gonzaga, fans booed when Kentucky didn’t play well. Many debates on how appropriate that was have taken place since, but the booing wasn’t a few inebriated jerks in the corner starting trouble with others joining in out of a mob mentality. The booing in Nashville was organic and flowed from all nooks of the arena. It was the manifestation of frustration from watching Kentucky players fumble around on the court in their souls and let it be known.

When Kentucky’s offense looked once again anemic against St. John’s, fans in Atlanta hung in there. The only booing was directed at the officials for perceived bad calls, not at the players’ inability to score. Kentucky’s effort helped play a part in that, as fans could tell guys were at least trying hard (unlike against Gonzaga). But you could tell the arena accepted this group’s limitations, especially without Jaland Lowe.

So when Lowe made his unbelievable return to the game after what everyone assumed was a season-ending reinjury of his shoulder, there was a palpable shift from fans willing their offensively challenged try-hards to scrape together some points, to maybe just maybe, thinking their team might actually be kind of good.

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The stagnancy that plagued Kentucky in the first half evaporated into motion with drives and cuts that made Kentucky look crisp. When Jayden Quaintence made his debut and looked every bit of the future NBA lottery pick we hoped he would, fans cheered his every move. At its heart, Big Blue Nation is a group of ball-knowers, and the collective appreciation the fans had when Quaintence would make even a routine defensive post play showed just how much fans are still into this team.

The full-throated cheers in the second half made everyone forget the woes of the first half, and most of this season, honestly. It was the first time since the Purdue exhibition that Kentucky fans cheered not just because the ‘Cats were playing well, but because they started to believe in this team again.



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Man shot at Atlanta airport, police say

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Man shot at Atlanta airport, police say


ATLANTA, Ga. (Atlanta News First) — A man is injured after a shooting inside Hartsfield-Jackson Atlanta International Airport on Sunday, according to Atlanta Police.

The man is alert, conscious, breathing and was transported to the hospital for treatment, according to police.

No other injuries were reported.

Airport operations were not affected, according to police.

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This is a developing story. Check back with Atlanta News First for updates.



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