ATLANTA (AP) — On Monday, a grand jury chose not to indict a former Atlanta police officer on manslaughter charges in connection with the death of a church deacon who died during a confrontation with the officer after a minor car collision.
Following their review, Fulton County grand jurors dismissed criminal charges against Kiran Kimbrough, according to Jeff DiSantis, a spokesperson for Fulton County District Attorney Fani Willis.
Johnny Hollman Sr. passed away in August 2023 after he refused to sign a ticket post-accident. Relatives said the 62-year-old Hollman was en route home from a Bible study at his daughter’s residence, delivering dinner to his wife, when he got into a collision while making a left turn across a bustling street, not far from downtown.
Bodycam footage of Hollman’s arrest reveals Kimbrough persistently demanding that Hollman sign the citation, with Hollman continuously maintaining his innocence. The two men engaged in a struggle, leaving Hollman face down with Kimbrough restraining him. Hollman repeatedly stated, “I can’t breathe,” as Kimbrough employed a Taser several times. The footage also shows a tow truck driver assisting Kimbrough.
Hollman became non-responsive and was pronounced dead at a hospital. The autopsy classified the death as a homicide, noting heart disease as a contributing factor.
Lance LoRusso, representing Kimbrough, said prosecutors attempted to indict his client for one count of manslaughter, one count of simple battery, and three counts of violating his oath of office. Kimbrough exercised his right under state law to testify before the grand jury, according to LoRusso.
“While Johnny Hollman’s death was tragic, in no way did Kiran Kimbrough cause the death,” LoRusso said in a statement Monday. “Johnny Hollman’s death was caused by medical complications and his felonious, unlawful resistance of a uniformed officer performing his lawful duties.”
DiSantis said Willis is conferring with prosecutors and investigators about whether to ask a new grand jury to indict Kimbrough.
Hollman’s family members have repeatedly called for the former officer to be criminally charged.
A statement from lawyers attributed to the family said they were “devastated” by the grand jury’s decision not to indict.
“The failure to hold this officer accountable is another painful reminder of how little value is placed on his life by some citizens,” the statement said. “Our faith and our fight for justice will not waver.”
Atlanta officials fired Kimbrough, saying he should have agreed to Hollman’s request to speak to a supervisor. A civil service board upheld the firing, and the Atlanta City Council agreed to settle a lawsuit by Hollman’s family alleging excessive force for $3.8 million. The family also sued the tow truck driver and his employer, saying the driver straddled Hollman’s head and neck for at least 20 seconds and appeared to “sit with his full body weight” on Hollman’s head and neck while Kimbrough handcuffed Hollman.
Atlanta and some other police departments have enacted policies saying that officers should no longer arrest people who refused to sign citations. State lawmakers passed a bill that would have enacted such a policy statewide earlier this year, but Gov. Brian Kemp vetoed it because he opposed a provision unrelated to collecting signatures from people named on citations.
