Sung Kim, a former Atlanta Police Officer, was charged with Murder and Involuntary Manslaughter in connection with the death of a fugitive who was fleeing from police and who threatened Officer Kim leading to Officer Kim’s legitimate and justified use of deadly force in self-defense. Officer Kim, represented by Garland, Samuel & Loeb attorneys Don Samuel and Kristen Novay, was initially indicted in Fulton County on the murder charges. Because Officer Kim was acting in his capacity as a federal fugitive task force officer, his case was removed to federal court. The federal court heard two motions that focused on Officer Kim’s use of deadly force in self-defense, and his defense of “supremacy clause” immunity from state prosecution based on his reasonable actions as a federal officer. District Judge Mike Brown, following several days of evidentiary hearings and extensive briefing on the defenses, issued his decision granting dismissal of all charges on grounds of both self-defense and supremacy clause immunity.
