Atlanta, GA

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

Published

1 year ago

March 6, 2025

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

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.

ATLANTA – 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.”

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.

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.

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

The other side:

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.

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

The backstory:

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:

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.

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

Atlanta closes Bell Street homeless encampment

Published

57 minutes ago

March 6, 2026

Press Room

Atlanta closes Bell Street homeless encampment

Atlanta police and public works crews have begun closing a prominent homeless encampment near Grady Memorial Hospital as part of a multi-year “Downtown Rising” initiative to transition residents into permanent housing.

Posted March 6, 2026 5:39pm EST

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Atlanta, GA

Stolen bikes derail program that teaches Atlanta youth to ride

Published

13 hours ago

March 6, 2026

Press Room

Stolen bikes derail program that teaches Atlanta youth to ride

A program that teaches young Atlantans how to ride bikes suffered a major loss this week, after thieves emptied a storage trailer, making off with 26 bikes and 24 helmets.

The “Shifting Gears” program helps young cyclists learn how to navigate city streets on two wheels from an early age — particularly in underserved communities that suffer from high rates of traffic injuries and fatalities.

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Atlanta, GA

Thieves steal dozens of bikes meant for underprivileged kids from Atlanta nonprofit

Published

1 day ago

March 5, 2026

Press Room

Thieves steal dozens of bikes meant for underprivileged kids from Atlanta nonprofit

March 5, 2026 / 5:10 PM EST
/ CBS Atlanta

An Atlanta nonprofit is asking the public for help after it was the victim of a brazen theft earlier this week.

Propel ATL said that thieves cleared out an entire trailer of bicycles meant for underprivileged kids sometime on Tuesday night or early Wednesday morning.

Jeremiah Jones, the nonprofit’s advocacy manager, said that someone broke into the trailer and took 26 bikes and 24 helmets.

Nonprofit Propel Atl said someone stole dozens of bikes and helmets meant to go to children from their trailer this week.

CBS News Atlanta

The equipment was part of a program that gives bikes to children from low-income schools and teaches them how to ride.

“My heart sank when I got the call that all the bikes were gone. I said, ‘Surely not all of them.’ And all of them are gone,” Jones said. “This class is solely for kids, and this crime is affecting them.”

Atlanta police are reviewing security footage from the area. Jones said you could see people taking the bikes out of the trailer, carrying them down a hill, and bringing them into a nearby parking lot.

The nonprofit is now trying to raise more than $10,000 to replace the bikes.

Propel ATL is also asking who may have information about the theft to contact them at programs@letspropelatl.org.