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A federal judge rejected criminal charges against a former Atlanta police officer In the death of Jimmy Atchison, judging that the actions sung by Kim led to the shooting of the 21 -year -old black man during an arrest operation were “the self -defense of textbooks”.
US district judge Michael Brown said on Tuesday in his decision that “proof of self -defense is so overwhelming that it is difficult to understand how Georgia Could have brought these accusations in the first place, and even less with them during the two and a half years since. “”
Kim was charged in December 2022 for accusations, including involuntary homicide, criminal murder and aggravated assault following the murder of atchison in 2019, the subject of an arrest warrant against an armed robbery.
Brown’s decision said Kim was a member of FBI Atlanta Violent Crime Force And that Apeison fled the police when they presented themselves to take it into detention in an apartments complex in January of the same year.
Jimmy Hill has a sign in memory of his son Jimmy Atchison, who was shot by an Atlanta police officer in 2019. (Julia Beverly / Getty Images)
Kim finally found that Facison hid in a closet under a pile of clothes in another woman’s apartment and “he pointed his weapon on Mr. Atchison and shouted us your hands’ ‘,` `not move’, or something in this direction”, according to the decision.
“Mr. Atchison said nothing in response. Instead, he suddenly and quickly moved one of his hands- or potentially the two hands” tight “- under the clothes to the defendant’s face / chest,” he continued. “By thinking that Mr. Atchison had a firearm and was going to shoot, the defendant fired a single blow who killed him.”
The decision said that before entering the apartment, then while crossing its rooms, the officers called for atchison several times to reveal themselves, but received no response.
“Under the immunity of the doctrine of the supremacy clause, a state cannot prosecute a federal officer if (1) the officer was” in the execution of an act he [was] Authorized by federal law to do within the framework of his duty, “and (2)” What the officer did, it was no more than what was necessary and proper for him “, also declared the decision.
Jimmy Hill, father of Jimmy Atchison, was seen by holding a poster on March 8, 2021 in Atlanta, Georgia. (Images Megan Varner / Getty)
Brown finally rejected the accusations based on the immunity of the supremacy clause and the self -defense immunity.
“It is difficult to celebrate when a young man died; but there is no doubt that the decision of the County office of Fulton to worsen the tragedy by pursuing Sung Kim was an inexcusable abuse of discretion of prosecution,” said Kim’s lawyer Don Samuel, said WSB-TV according to the decision. “The decision of judge Brown was unambiguous: Sung Kim acted in self -defense.”
When Kim was charged in 2022, his father Jimmy Hill said “that’s why we have prayed since that day, Jimmy was removed from us.”
“We had marches, meetings, everything you can think of, to implore the County of Fulton to take measures. I told the world that I would never give up justice for my son-no matter how long it took,” he added at the time, according to the Associated Press.
Jimmy Hill Frequent Brothas and Brews: Black Men’s Town Hall sponsored by the Harris-Walz team and the Democratic Party of Georgia in Atlantucky Brewing on October 11, 2024 in Atlanta, Georgia. Hill holds signs in memory of Jaylin McKenzie, who was killed by the Memphis police officer in 2022, and his son Jimmy Atchison, who was shot by an Atlanta police officer in 2019. (Julia Beverly / Getty Images)
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Kim retired from the Atlanta Police Service for months after the Mortal shooting, WSB-TV reported. In March, his legal team sought to reject the accusations, according to Fox5 Atlanta.
