Lawyer for ex-officer desires homicide case dismissed
A Fulton County grand jury indicted Officer Sung Kim in 2022 for capturing and killing 21-year-old Jimmy Atchison throughout a 2019 raid. Atchison was unarmed and hiding in a closet. Kim’s legal professionals have requested a decide for the case’s dismissal.
ATLANTA – Federal courtroom filings reveal {that a} decide will resolve whether or not the felony homicide case towards former Atlanta Police Officer Sung Kim will proceed or be dismissed below federal immunity.
“He was murdered. He was unarmed, surrendered, complied whereas posing no menace,” Jimmy Hill, father of Jimmy Atchison, instructed FOX 5. “And but he was shot.”
Hill has demanded Kim stand trial for the 2019 capturing of his 21-year-old son, who was unarmed and hiding in a closet when he was killed.
Investigators mentioned Kim was a part of an FBI job power on the time, and Atchison was wished on an tried theft cost.
What we all know:
A Fulton County grand jury indicted Kim in 2022 on expenses together with felony homicide, involuntary manslaughter, and violation of oath.
His attorneys efficiently moved the case from state to federal courtroom, arguing he was performing as a federal regulation enforcement officer.
They’ve now filed a movement to dismiss the costs, claiming Supremacy Clause immunity.
The opposite facet:
Of their movement, Kim’s attorneys argue he acted in self-defense, stating Atchison “raised his hand as if pointing a gun.”
As a result of Kim was on a federal job power on the time, the movement argues Kim “was performing fairly and never past what was mandatory and correct as a federal regulation enforcement officer.”
The Fulton County District Legal professional’s Workplace responded in a submitting that lethal power was not justified.
“Right here, lethal power was not the diploma of power wanted to defend towards Atchison’s alleged conduct,” prosecutors wrote.
The backstory:
On the time of the capturing, Kim’s physique digital camera was not on, in compliance with U.S. Division of Justice tips.
Following Atchison’s demise, these tips have modified, and the Atlanta Police Division has stopped taking part in these job forces.
What’s subsequent:
There isn’t a indication of when the decide will rule on Kim’s movement to dismiss the case.
Hill vows to maintain combating for justice for his son.
Neither the Fulton County District Legal professional’s Workplace nor the legal professionals listed for Kim on courtroom filings returned requests for remark.
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The Supply: This text is predicated on authentic reporting by FOX 5’s Rob DiRienzo. Data was obtained utilizing federal courtroom filings on PACER, together with prior FOX 5 reporting.
