Atlanta officer requests murder case be moved to federal court
Sung Kim (Atlanta Police Department)
ATLANTA - A retired Atlanta Police Department officer indicted for a 2019 shooting during an FBI raid has requested his case be moved to federal court.
Sung Kim, a 26-year veteran of the Atlanta Police Department, shot and killed 21-year-old Jimmy Atchison in 2019 during a federal raid of a northwest Atlanta apartment complex, according to an indictment charging him with felony murder and involuntary manslaughter. Atchison's family said he was unarmed and surrendering inside a closet when he was fatally shot.
Kim said Atchison made a threatening move as if he had a weapon. Investigators determined Atchison was unarmed.
Kim’s attorney, Don Samuel, said in court documents that Kim was working with the FBI’s Atlanta Metropolitan Major Offender Task Force.
"At all relevant times, Kim was acting under color of federal law, pursuant to his deputation as a member of the FBI AMMO Task Force," Samuel wrote in a motion.
Atchison died on Jan. 22, 2019, when task force members were trying to arrest him on robbery charges. He ran away through one apartment complex and into another, according to law enforcement. In his motion, Samuel wrote after Kim instructed Atchison not to move after finding him hiding in the closet.
"Disobeying this lawful command, Atchison raised his right arm in a fast motion," Samuel wrote. "Reasonably fearing for his safety and the safety of his colleagues who were present in the room, Kim shot and killed Atchison."
The Associated Press contributed to this report.