Jimmy Hill became visibly emotional on Monday as he watched retired Atlanta police officer Sung Kim testify for the first time in federal court about fatally shooting Hill’s son, Jimmy Atchison.
Hill told Capital B Atlanta after the evidentiary hearing that he got caught up in the moment during Kim’s remarks, which he characterized as untrue.
“It is wrong and immoral to seek to escape the consequences of one’s actions,” Hill said, quoting Indian independence leader Mohandas “Mahatma” Gandhi. “Sung Kim made a choice to take my son Jimmy Atchison’s life.”
Kim spoke at an evidentiary hearing at the Richard B. Russell Federal Building in downtown Atlanta about the January 2019 encounter in which he and members of other law enforcement agencies serving on an FBI task force for fugitive apprehension pursued the 21-year-old Atchison, who was suspected of robbing a woman at gunpoint. After Kim shot and killed Atchison, a witness came forward saying there was no gun or force used during the alleged robbery.
Since Atchison’s death more than six years ago, his family has been vocal about demanding accountability for law enforcement who use lethal force. A Fulton County grand jury indicted Kim in 2022 on charges of felony murder, aggravated assault, involuntary manslaughter, and violation of oath for his actions that day. None of the other task force members was charged.
Monday’s hearing was the last one before District Court Judge Michael L. Brown decides, based on the facts of the case, whether to dismiss the charges against Kim or allow the case to proceed to trial.
“[People] should know that Jimmy was not a bad child,” Atchison’s aunt, Tammie Featherstone, told Capital B Atlanta after the hearing. “This entire situation was bogus. It should have been investigated deeply before they even issued a warrant for him.”
According to Kim’s testimony, task force officers followed Atchison into an apartment after he had evaded arrest on foot twice earlier that morning. Kim said he and another officer entered a bedroom, where he saw the white of one of Atchison’s eyeballs from under a pile of clothes he hid beneath.
That’s when the prosecution says officers shouted conflicting commands, with one instructing Atchison to show his hands and another telling him not to move.
There are conflicting reports about what Atchison did next. Kim testified that he saw Atchison raise his right hand, while other officers told investigators they saw Atchison raise both hands or a fist.
“I fired my weapon because when the hand raised that fast, that quickly, I thought I was gonna get shot,” Kim testified. “I feared for my life.”
Judge Brown gave the prosecution until May 14 to file an additional brief before he makes his decision.
Featherstone, who said she’s skeptical of Kim’s version of events, added that she was hopeful that the judge would be fair based on the questions he asked the attorneys before Kim testified.
“It’s been hard for the family,” she said. “It’s been very hard.”
