October 20, 2021

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Beyond law

Jimmy Atchison scenario family members say they have new evidence

A protest march and rally is currently being held on Saturday.

ATLANTA — The household of Jimmy Atchison, an Atlanta man who was shot and killed though hiding in a closet in early 2019 by a now-ex APD officer, mentioned Wednesday they have new proof in his scenario and plan to existing it to the general public this weekend.

In a release, the law company of Gerald A. Griggs, who is representing Atchison’s relatives, said there would be a rally and march starting off at 2 p.m. on Saturday in Woodruff Park in downtown Atlanta.

Atchison was 21 when he was shot and killed in January 2019 by ex-officer Sung Kim, who retired from APD afterwards that yr.

Kim has by no means been billed in the killing, which took place in the course of a joint endeavor pressure operation with the FBI.

Connected: Civil rights lawsuit alleges serious violations in law enforcement procedure that led to Jimmy Atchison’s dying

Atchison was unarmed, and in October 2019 the household explained they satisfied with the Georgia Bureau of Investigation to hear the outcomes of the GBI’s investigation into the incident. They claimed at that time they were informed Atchison was specified two conflicting commands by officers in the place — to arrive out with your palms up and not to shift. They said he was pursuing the command to occur out when he was shot. 

Kim retired from the law enforcement drive that exact same month. Atchison’s family members has filed a $20 million lawsuit towards the City of Atlanta and the FBI.

Fallout from Atchison’s loss of life resulted in Atlanta Police banning officers from taking part in federal task forces, which do not allow for the use of system cameras. The transfer was credited in component with an Oct 2020 determination by the U.S. Department of Justice to allow for community police to dress in body cameras in accordance with their personal section insurance policies whilst collaborating in joint task forces.

The FBI said agents were serving a warrant to an armed robbery suspect at an condominium intricate in Atlanta’s Adamsville community off of Martin Luther King Jr. Push on Middleton Highway.

Subsequent the FBI’s report about what transpired all through the incident, ex-Fulton County District Legal professional Paul Howard said he was examining the report and selecting whether or not or not felony rates would be submitted in the situation. The DA’s business office explained that they were being prepared to current the situation to a grand jury for indictment in April, but that was delayed because of to the pandemic. 

Relevant: Where do Atlanta’s law enforcement shooting/use-of-force cases stand?

Newly elected DA Fani Willis has not explained how she will technique the circumstance.

The federal civil rights lawsuit, submitted in federal district court previous calendar year, names Kim, alongside with four other Atlanta police officers, an FBI unique agent and 5 unnamed officers as defendants, in addition to the metropolis of Atlanta.

The fit alleges that the officers entered the apartment of Atchison’s toddler son and the child’s mother without the need of a research warrant, and then pursued Atchison to a further apartment, threatening the tenants with arrest if they had been not allowed to enter without the need of a look for warrant.

The lawsuit says the settlement between the Atlanta Police Department and the FBI to not use entire body cameras offered that Atlanta officers would be ruled by “the regulations, rules, procedures (together with use of force procedures), and staff procedures relevant to APD officers and (b) that APD officers would report to APD for all administrative issues.”

“Even so, participation in the undertaking drive resulted in individuals officers’ violation of Atlanta’s unequivocal coverage demanding them to put on system cameras, which the FBI forbade,” the go well with suggests.

In accordance to the lawsuit, the Atlanta police investigation into Kim’s actions was hardly ever done, considering the fact that he retired prior to the conclusion of the inquiry. 

As a outcome, the fit claimed, “APD declined to make any obtaining concerning Defendant Kim’s fatal use of force in killing Mr. Atchison.”

Having said that, according to the match, the other officers stated in the lawsuit were being cited for violations of division coverage through the raid, which include the failure to get a look for warrant for the apartment in which Atchison was eventually shot and killed, the failure to file a required use-of-force report, the failure to engage SWAT in conjunction with the procedure, and their intimidation of inhabitants of the apartment intricate to acquire consent to research their apartments.

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