A man died after repeatedly saying ‘I can’t breathe,’ after a police tasing. His family wants the officer charged

By Isabel Rosales and Devon M. Sayers, CNN

(CNN) — Newly released video shows a 62-year-old man struggling with an Atlanta police officer and saying “I can’t breathe” moments before he is tased. The man died less than two hours later, and now his family is calling for the former officer to be prosecuted.

The Fulton County District Attorney’s Office released the body camera footage, which shows the moments leading up to the August 10, 2023, death of Johnny Hollman, who was a church deacon, according to his family’s attorney.

An investigation by state and local law enforcement ruled the officer violated protocol by not having a supervisor on scene before proceeding with the arrest, and he was fired. The criminal investigation is ongoing, and the officer has not been charged.

Hollman’s daughter, Arnita Hollman, said during a news conference Wednesday she believed her father was “murdered on the streets of Atlanta,” and called for the jailing of the officer. “We need him prosecuted to the fullest extent.”

Authorities have identified the officer involved as Kiran Kimbrough.

In an emailed statement, an attorney for Hollman’s family said the video’s release “confirms the undeniable truth that Kimbrough needlessly and brutally escalated a routine police-citizen encounter over a traffic ticket into a fatal encounter.”

But an attorney for the firm who represents the officer told CNN Hollman “violently and unlawfully resisted Officer Kimbrough’s lawful efforts to arrest him.”

“The Atlanta Police investigation confirmed Officer Kimbrough deployed his city-issued TASER and used force in a manner consistent with his training and Georgia law,” said Lance LoRusso with LoRusso Law Firm. “Georgia law does not require any officer to seek approval from a supervisor prior to making an arrest.”

What we know about the traffic incident

Officers responded to the scene of a traffic accident just after 11:30 p.m., after both Hollman and another person involved in the accident called 911. Police released audio of both of the calls.

“The person that I got in the accident with is acting a little belligerent,” the caller told dispatchers, referring to Hollman. “He keeps yelling.”

Kimbrough, the officer, found Hollman to be at-fault for the crash.

As Kimbrough was attempting to issue him a traffic ticket, body camera video shows Hollman was upset and refused to sign the citation. Kimbrough warns Hollman he would be taken to jail for not signing. As the officer repeatedly says “sign the ticket,” the camera is jostled in an apparent physical confrontation between the officer and Hollman. The details of that contact are unclear.

Kimbrough brings Hollman to the ground while repeatedly telling him to place his hands behind his back. A Taser can be heard firing several times in the video, but it is unclear if or where the Taser was making contact with Hollman.

“I didn’t do anything,” Hollman yells. He then repeats the words “I can’t breathe” at least a dozen times during the interaction, according to the video.

After Hollman is placed into handcuffs, he appears limp. About a minute later, Kimbrough requests medical assistance, according to the video. He requests assistance again and asks first responders to come faster.

In the video, Kimbrough can be seen checking Hollman for a pulse, breath and then giving him sternum rubs.

“This guy needs medical attention right now,” the officer says on video.

More than 10 minutes since the officer’s first request for assistance, video shows an EMS crew arriving and the officer is heard telling them to “check him out to make sure he is still alive.”

Hollman’s death was ruled a homicide, according to a medical examiner’s report obtained by CNN.

According to that report, Hollman “became unresponsive at the scene and was transported to Grady Memorial Hospital, where he was pronounced dead in the emergency room on 8/11/2023 at 12:57 a.m.”

The report said his heart rhythm was disrupted because of being stunned by the Taser, but also noted Hollman had high blood pressure and chronic obstructive pulmonary disease, which were contributing factors in his death.

The Atlanta Police Department asked the Georgia Bureau of Investigation to conduct an independent investigation. A spokesperson for the GBI told CNN Wednesday their investigation has been completed and given to the Fulton County district attorney.

A spokesperson for the DA’s office said they could not comment, adding the investigation remains ongoing.

Officer has appealed his firing

The Atlanta Police Department’s Office of Professional Standards conducted an administrative investigation, officials said.

The police probe found “Officer Kimbrough violated standard operating procedure when he failed to have a supervisor on the scene prior to proceeding with the physical arrest after Mr. Hollman refused to sign the citation,” authorities said in a statement.

The officer was terminated on October 9, police said.

Kimbrough has appealed his termination, according to his attorney.

Atlanta Mayor Andre Dickens said the investigation has led to changes in policy in how Atlanta police officers handle traffic citations and new guidelines regarding the public release of use-of-force video evidence.

“As Mayor, I know it is critically important for the City of Atlanta to continually assess, evaluate and adjust how our public safety departments carry out their sworn mission to serve and protect our citizens,” Dickens said.

Correction: An earlier version of this story incorrectly identified the attorney who spoke on behalf of the LoRusso Law Firm. It was Lance LoRusso.

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