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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

Man shot at Vine City park, police say

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Man shot at Vine City park, police say


ATLANTA, Ga. (Atlanta News First) — Police are investigating a shooting near an Atlanta park on Sunday night.

Police say a man was shot at 616 Joseph E. Boone Boulevard, which is Rodney Cook Sr. Park in the Vine City neighborhood.

The man’s condition is currently unknown.

This is a developing story. Return to Atlanta News First for updates.

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Atlanta Falcons’ Young Star Expected to Face NFL Suspension

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Atlanta Falcons’ Young Star Expected to Face NFL Suspension


The Atlanta Falcons are looking to return to the playoffs for the first time since 2017, and they’ll be relying on a new coaching staff to help them get there. But Kevin Stefanski is no rookie; he’s a two-time NFL Coach of the Year, only now he’ll be working with an entirely different group of personnel after coaching in Cleveland since 2020.

In addition to a new coach, the Falcons may have a different starting quarterback as Michael Penix Jr. continues to rehab last season’s torn ACL. He’ll also be competing with Tua Tagovailoa. Together, the Falcons believe they can compete for a playoff spot in the NFC South, but to do so, they’ll need all the help they can get. Unfortunately, the Falcons may not have everyone on hand to start the season.

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According to The Athletic‘s Falcons insider Josh Kendall, the NFL is “likely” to suspend edge rusher James Pearce Jr.

Pearce faces three felony charges after an incident with his former girlfriend, WNBA player Rickea Jackson. Pearce’s charges are for aggravated battery with a deadly weapon, fleeing the police, and resisting arrest with violence.

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“Atlanta now appears to be waiting on the NFL to decide on Pearce. Under the league’s personal conduct policy, commissioner Roger Goodell has wide latitude to impose discipline regardless of the outcome of the criminal case. The league is likely to suspend Pearce. Steelers defensive back Cam Sutton was suspended eight games in 2024 after a domestic violence incident that began as a felony charge but was eventually reduced to a misdemeanor. Goodell could also place Pearce on the commissioner’s exempt list, which serves as an indefinite suspension while the league gathers more information.”

The Athletic’s Josh Kendall on James Pearce

Pearce is coming off an excellent rookie season that saw him record a team-high 10.5 sacks while starting three of his 17 appearances. The 26th overall pick in the first round of the 2025 NFL Draft looks like he’s poised to be a star. Yet, now the 22-year-old may have to wait to start his second NFL season. The question is how long?

If Pearce is forced to miss time, the Falcons will be counting on others, such as fellow 2025 first-round pick Jalon Walker, to make a bigger impact. The 22-year-old Walker recorded 5.5 sacks, making nine sacks in 15 appearances.

5 Possible Brendan Sorsby NFL Supplemental Draft Landing Spots for Late July

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Dedicated NFL copywriter/editor. My work has been found on Sportsnaut, Sports Illustrated, Sporting News, MSN, Yahoo, and Minnesota Sports … More about Andrew Buller-Russ
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Atlanta sees great value in Swain at No. 23,

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I’ve also heard that Atlanta sees great value in Swain at No. 23, but the Hawks have been signaling for some time that they are prepared (and perhaps even prefer) to trade their second pick in the first round after No. 8 for future draft capital. It sounds as though Atlanta will invite external trade interest for that pick until it is actually on the clock to make the selection Tuesday night.

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