GA grand jury declines to indict former police officer in deacon’s 2023 death

A Georgia grand jury declined to indict a former Atlanta Police Department officer for manslaughter charges in the death of Deacon Johnny Hollman Sr., 62, who died in a struggle with the officer after a minor car crash, The Associated Press reported. Hollman’s family said Anitra Hollman testified in front of the jury in pursuit of justice for her father, but the jury’s decision left them devastated, while attorneys for the former officer maintain Hollman’s death was due to underlying medical issues.

The Fulton County grand jury rejected the criminal charges the county’s district attorney filed against former Atlanta Police Department officer Kiran Kimbrough, according to the AP. Johnny Hollman, a church deacon, died in 2023 after refusing to sign a citation after a crash. The AP reported Hollman was driving home from Bible study at his daughter’s house and collided with a vehicle while crossing a busy street west of downtown Atlanta.

Atlanta Police released body camera footage from the Aug. 10, 2023, arrest, showing Kimbrough and Hollman arguing over the wreck. Kimbrough used a Taser on Hollman as the deacon shouted “I can’t breathe,” according to the video. He later used the Taser’s stun mode on Hollman, who later fell unconscious.

Hollman died at a nearby hospital the night of the arrest. An autopsy report ruled his death a homicide, citing heart disease as a contributing factor, according to the AP. Kimbrough was fired as a result of state and internal reviews.

Parties split on grand jury decision

Mawuli Davis, an attorney for the family, said in a statement that Hollman’s death “underscores how far the fight for police accountability in this country has regressed since the uprisings of the summer of 2020.” He added the family will continue to fight for the deacon, but didn’t share further details.

Jeff DiSantis, a deputy district attorney for District Attorney Fani Willis, told The Associated Press that Willis is discussing with prosecutors about whether to ask a new grand jury to indict Kimbrough. He didn’t immediately respond to Straight Arrow News’ requests for comment.

“Our father should still be here,” Hollman’s family said through their attorney. “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.”

Kimbrough’s attorney, Lance LoRusso, said in a statement to Straight Arrow News that his client is appreciative of the grand jury’s decision.

“While Johnny Hollman’s death was tragic, in no way did Kiran Kimbrough cause the death of Johnny Holman,” LoRusso said. “Johnny Hollman‘s death was caused by medical complications and his felonious, unlawful resistance of a uniformed officer performing his lawful duties.”

Kimbrough was fired for not having an on-site supervisor approve a physical arrest of a person refusing to sign a citation, Atlanta Police said in body camera footage.

The arrest

According to the police department’s released body camera footage, tensions grew between Hollman and an officer, later identified as Kimbrough, when the officer attempted to get the deacon to sign a ticket. 

Hollman contested he wasn’t at-fault of the crash because the stoplight was green, but Kimbrough said Hollman cut his turn too early and clipped another vehicle. 

“You’re going to sign this ticket or I’m going to take you to jail,” Kimbrough told Hollman. 

Hollman refused to sign until the officer appeared to attempt an arrest. The arrest escalated as the officer grabbed Hollman’s right arm, which he stated is his dominant arm. The officer later threw Hollman to the ground, shouting his taser will be used.

Kimbrough struggled to pull Hollman’s hands behind the back to arrest as Hollman shouted “I can’t breathe,” multiple times. 

According to the footage, Kimbrough used the stun gun function of the taser on Hollman, which subdued Hollman and made the man motionless. The officer later checked Hollman’s pulse as he continued to lay still and had his eyes closed.

Other officers arrived on the scene moments later and assessed Hollman’s health as the man appeared passed out. Kimbrough requested medical attention as Hollman was still unconscious but breathing, by Kimbrough’s assessment. 

Hollman later died at a nearby hospital. Kimbrough was fired for violating the department’s policy. 

Arrest prompts change in policy

Atlanta Mayor Andre Dickens directed the Atlanta Police Department to conduct a full evaluation of Hollman’s arrest, the department’s standard operating procedures and training curriculum following the arrest and city protests, according to Dickens’ November 2023 statement. As a result, the department modified its policy on traffic citations. The department said officers can now write “refusal to sign” on the signature line as opposed to making an arrest.

“If a traffic citation is issued: APD officers will have the driver sign the citation only to acknowledge receipt of the citation and awareness of the court date,” the department said. “If the violator refuses to sign the citation, the APD officer will inform the driver that signing the citation is not an admission of guilt.”