Fired Atlanta police officer avoids charges 2 years after church deacon died in struggle with the cop following car crash

A grand jury on Monday declined to indict an former Atlanta police officer on manslaughter charges in the death of a church deacon who died in a struggle with the officer following a minor car crash.

After hearing the case, Fulton County grand jurors rejected criminal charges against Kiran Kimbrough, said Jeff DiSantis, a spokesperson for Fulton County District Attorney Fani Willis.

Johnny Hollman Sr. died in August 2023 after he refused to sign a citation following a wreck. Family members said the 62-year-old Hollman was driving home from Bible study at his daughter’s house and taking dinner to his wife when he collided with another vehicle while turning across a busy street just west of downtown.

Body camera video of Hollman’s arrest shows Kimbrough repeatedly demanding that Hollman sign the citation, while Hollman insists he did nothing wrong. The two men tussled and Hollman ended up face down on the ground with Kimbrough over him, pressing him down. Holloman repeatedly says “I can’t breathe,” and Kimbrough uses a Taser to shock him repeatedly. The video also shows a tow truck driver helping Kimbrough.

Hollman became unresponsive and was declared dead at a hospital. An autopsy determined the death was a homicide, with heart disease also a contributing factor.

Lance LoRusso, who represents Kimbrough, said prosecutors sought to indict his client for one count of manslaughter, one count of simple battery and three counts of violating his oath of office. Kimbrough testified before the grand jury, as is an officer’s right under state law, LoRusso said.

“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.

In a statement obtained by CBS affiliate WANF-TV on Monday, Hollman’s father said they are devasted and that their father “should still be here”

“The failure to hold this officer accountable is another painful reminder of how little value is placed on his life by some citizens — even when the facts are clear and the harm is undeniable. But we will not stop. Our faith and our fight for justice will not waver,” the family said in a statement.

Attorney Mawuli Davis, who represents the Hollman family, said Monday is a “profoundly sad day — not only for the Hollman family, but for all who believe in justice,” the station reported.

“Despite video evidence, the unwavering courage of this family, and the thorough effort by the Fulton County District Attorney’s Office, the criminal justice system has once again failed to hold law enforcement accountable for the death of a citizen,” Davis said. “Deacon Johnny Hollman deserved better.”

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.