In a massive win for law enforcement, a federal judge has vindicated a former Atlanta police officer by ruling that “his actions were necessary and proper.”
Specifically, U.S. District Judge Michael Brown ruled that Officer Sung Kim acted in self-defense when he shot Jimmy Atchison during a federal task force operation.
The judge’s remarks highlighted the “overwhelming evidence” supporting the officer’s actions, delivering a major blow to anti-police activists.
In his ruling, Judge Brown did not mince words about prosecutors’ decision to charge the officer.
“There is no genuine dispute that [Kim] reasonably believed his actions were necessary and proper,” wrote Judge Brown.
“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,” he added.
The judge described Kim’s actions as “textbook self-defense” and found that Kim reasonably believed he was in danger.
This conclusion was supported by testimony from other officers present during the incident and even the prosecution’s own use-of-force expert, who testified that Kim encountered a “deadly force stimulus.”
Judge Brown dismissed felony murder, involuntary manslaughter, aggravated assault, and violation of oath of office charges against Kim.
The dismissal came after the case was moved to federal court in early 2023, following Kim’s indictment by a Fulton County grand jury in December 2022.
The shooting occurred during a federal task force operation to arrest Atchison, who was wanted on an armed robbery warrant.
Officers tracked him to an apartment complex where he fled and hid in a closet. When confronted, Kim shot Atchison once, believing the suspect was about to fire on him.
Kim’s lawyer Don Samuel stated:
“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.”
The case highlights the challenges law enforcement officers face when making split-second decisions in dangerous situations.
While Atchison’s family claimed he was attempting to surrender with his hands up, the court found the evidence did not support this narrative.
Kim was not wearing a body camera due to FBI policy at the time, which fueled controversy but could not override the testimony of officers present.
Despite the evidence supporting Kim’s actions, activist groups have predictably pushed back. The Georgia NAACP called for an appeal, claiming the ruling undermines civil rights.
The incident resulted in policy changes. The Atlanta Police Department had to temporarily withdraw from federal task forces due to body camera restrictions.
Kim retired from the department months after the shooting, ending a career in law enforcement following this traumatic incident.
