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Written by: A. Smith
Published June 10, 2025 @ 7:15 PM ET
FULTON COUNTY, Ga. -A federal judge has dismissed all criminal charges against Atlanta Police Officer Sung H. Kim in the 2019 shooting death of 21-year-old Jimmy Atchison, ruling the officer was immune from prosecution under federal and state law.
U.S. District Judge Michael L. Brown issued the decision Tuesday, citing the federal Supremacy Clause and Georgia’s self-defense laws. The ruling nullifies a 2022 Fulton County grand jury indictment that charged Kim with felony murder, manslaughter, assault, and violating his oath of office.
Kim, a 26-year veteran of the Atlanta Police Department and a deputized member of the FBI’s Atlanta Violent Crime Task Force, was involved in an operation to arrest Atchison on an armed robbery warrant on Jan. 22, 2019. Authorities said Atchison fled from officers, jumping from a window and running through a northwest Atlanta apartment complex before hiding in a closet under a pile of clothes.
Officers entered the apartment with the resident’s permission. According to court records, Kim ordered Atchison to show his hands, and when Atchison made a sudden movement toward his face and chest, Kim fired a single shot. Atchison, who was unarmed, died at the scene.
Kim later said he believed Atchison was about to shoot him. The court found that belief reasonable, referencing supporting testimony from fellow officers and a use-of-force expert who described Atchison’s motion as a “deadly force stimulus.” Judge Brown wrote that the evidence for self-defense was so compelling, “it is hard to understand how Georgia could have brought these charges in the first place.”
Prosecutors had argued Kim’s use of force was reckless and outside standard protocol, but Brown concluded his actions were in line with law enforcement training and operational policy.
The case was transferred to federal court in early 2023. Kim’s attorneys filed for dismissal in March 2025.
The fatal shooting drew national attention and led to a $20 million wrongful death lawsuit filed by Atchison’s family in 2020. The family has long asserted that Atchison was attempting to surrender when he was shot and accused the task force of using excessive force. The case also helped fuel a 2024 congressional investigation into federal task forces operating with local police.
It remains unclear whether prosecutors plan to appeal the ruling.