Ruling that his actions in shooting an unarmed suspect were evident “self-defense,” a federal judge has dismissed all murder charges against a former Atlanta police officer.
The case highlights the ongoing battle between prosecutors and law enforcement officers making split-second decisions in dangerous situations.
U.S. District Judge Michael Brown delivered a stunning rebuke to prosecutors who had pursued felony murder and other charges against Sung Kim for the 2019 shooting of Jimmy Atchison during a federal task force operation.
“Indeed, the evidence for self-defense is so overwhelming it is hard to understand how Georgia could have brought these charges in the first place, much less continued with them over the two and a half years since,” Judge Brown stated in his ruling.
The shooting occurred while officers were executing an armed robbery warrant, when Kim encountered Atchison hiding in a closet.
Judge Brown did not mince words when dismissing the case, highlighting the overwhelming evidence supporting Kim’s claim of self-defense.
The decisive ruling comes after years of legal battles that began when a Fulton County grand jury indicted Kim in December 2022. The case later moved to federal court.
The judge’s decision was based on both the federal Supremacy Clause and Georgia’s self-defense laws, effectively ending the criminal case against the former officer.
Expert testimony, including from the prosecution’s own use-of-force expert, supported Kim’s actions as legitimate self-defense.
Kim’s attorney, Don Samuel, praised the ruling while acknowledging the tragic circumstances:
“It is hard to celebrate when a young man died; but there is no doubt that the decision of the Fulton County DA’s office to compound the tragedy by prosecuting Sung Kim was an inexcusable abuse of prosecutorial discretion. Judge Brown’s decision was unambiguous: Sung Kim’s acted in self-defense. In fact, the prosecution’s expert witness testified that Sung Kim acted legitimately in self-defense.”
While Atchison’s family claimed he was attempting to surrender with his hands up when shot, the evidence presented in court told a different story.
Multiple officers and expert witnesses testified that Kim reasonably believed he was in danger.
“There is no genuine dispute that [Kim] reasonably believed his actions were necessary and proper,” Judge Brown wrote in his ruling, adding that Kim’s actions were consistent with his training and procedures.
The shooting had previously sparked controversy because Kim was not wearing a body camera due to FBI policy at the time.
This caused the Atlanta Police Department to temporarily withdraw from federal task forces until body camera restrictions were addressed.
Kim retired from the Atlanta Police Department several months after the incident.
In response, the Georgia NAACP has called for an appeal of the judge’s decision.
