Former Atlanta officer's lawyers ask judge to drop felony murder charges

ATLANTA - Federal court filings reveal that a judge will decide whether the felony murder case against former Atlanta Police Officer Sung Kim will proceed or be dismissed under federal immunity.

"He was murdered. He was unarmed, surrendered, complied while posing no threat," Jimmy Hill, father of Jimmy Atchison, told FOX 5. "And yet he was shot."

Hill has demanded Kim stand trial for the 2019 shooting of his 21-year-old son, who was unarmed and hiding in a closet when he was killed. 

Investigators said Kim was part of an FBI task force at the time, and Atchison was wanted on an attempted robbery charge.

What we know:

A Fulton County grand jury indicted Kim in 2022 on charges including felony murder, involuntary manslaughter, and violation of oath. 

His attorneys successfully moved the case from state to federal court, arguing he was acting as a federal law enforcement officer. 

They have now filed a motion to dismiss the charges, claiming Supremacy Clause immunity.

The other side:

In their motion, Kim’s attorneys argue he acted in self-defense, stating Atchison "raised his hand as if pointing a gun." 

Because Kim was on a federal task force at the time, the motion argues Kim "was acting reasonably and not beyond what was necessary and proper as a federal law enforcement officer."

The Fulton County District Attorney's Office responded in a filing that deadly force was not justified.

"Here, deadly force was not the degree of force needed to defend against Atchison’s alleged conduct," prosecutors wrote. 

The backstory:

At the time of the shooting, Kim’s body camera was not on, in compliance with U.S. Department of Justice guidelines. 

Following Atchison’s death, those guidelines have changed, and the Atlanta Police Department has stopped participating in these task forces.

What's next:

There is no indication of when the judge will rule on Kim’s motion to dismiss the case. 

Hill vows to keep fighting for justice for his son. 

Neither the Fulton County District Attorney's Office nor the lawyers listed for Kim on court filings returned requests for comment.

SEE ALSO:

• Jimmy Atchinson shooting: Hearing set for ex-APD officer indicted for murder
• Congress launches probe of city cops on federal task forces after Jimmy Atchison shooting
• Atlanta officer requests murder case be moved to federal court
• Former Atlanta officer indicted in 2019 shooting death of suspect during raid
• Family of man killed during FBI raid celebrates murder charge against Atlanta officer, calls for conviction