Authorities seek additional charges for police who fired 75 shots at suspect

Eric A. Heinze (left) Kristopher L. Hutchens (right) appear in mugshots released by the Fulton County, Georgia Sheriff’s Office.

Three federal circuit judges appointed by Donald Trump presided over Georgia prosecutors’ plea to transfer a murder case back to state court. The aim was to enable the charging of two police officers, accused of shooting Jamarion Robinson a staggering 75 times, with additional offenses.

The tragic incident unfolded following the issuance of an arrest warrant by the Atlanta Police Department for 26-year-old Robinson in August 2016. Allegedly, Robinson, who was a schizophrenic and not taking medication, brandished a gun and shot at the officers who had responded to reports of him pouring gasoline on his mother and her residence.

Officers Eric Heinze and Kristopher Hutchens were among a 16-member task force from the U.S. Marshals Service assigned to locate Robinson and execute the warrant. Upon reaching Robinson’s girlfriend’s apartment under the belief that he was present, they forcibly entered the premises. After Robinson reportedly fired two shots in their direction, with no injuries sustained by the officers, they retaliated by firing over 90 rounds into the apartment. The medical examiner’s findings revealed that Robinson, tragically, succumbed to 75 gunshot wounds.

Heinze and Hutchens were accused of using excessive force by continuing to shoot at Robinson even after he was unresponsive. One report showed that Robinson’s “hands and arms were shot to bits,” and there was some speculation that the officers may have shot Robinson at close range.

Fulton County prosecutors brought criminal murder charges against the officers in 2021, and the case was removed to federal court in 2022 on the basis that as part of a federal task force, the officers had been acting under color of federal law. When Fulton County District Attorney Fani Willis took office, she took over the case and said she was prioritizing the prosecution of police excessive force cases.

The grand jury indicted Heinze on two counts of felony murder, aggravated assault with a deadly weapon, burglary in the first degree, making a false statement, and violation of oath by a public officer. Hutchens was indicted on the same charges as well as an additional count of making a false statement relating to statements he made during the official investigation into Robinson’s death. Prosecutors say the officers lied about ceasing fire after a stun grenade may have been used to confuse the investigation of the scene.

A few weeks before an evidentiary hearing was scheduled in May 2023, Georgia prosecutors filed a motion to seek a superseding indictment that would charge the officers with malice murder, an additional count of felony murder, and conspiracy to make false statements to the Fulton County grand jury. U.S. Northern District Judge Victoria Calvert, a Joe Biden appointee, denied the request.

Georgia prosecutors asked the panel of the U.S. Court of Appeals for the 11th Circuit for a limited remand — an order directing the case back to state court for the limited purpose of bringing additional charges against the officers. U.S. Circuit Judges Robert Luck, Barbara Lagoa, and Elizabeth Branch, all Trump appointees, comprised the panel.

The judges were skeptical about the request. Luck noted during arguments that although the case is proceeding in federal court, the state court is not barred taking other actions related to the case. Likewise, Lagoa suggested that the state could have shown up at the district court hearing and presented a superseding indictment.

Robinson’s mother, Monteria Najuda Robinson, brought a civil legal action for money damages for excessive force, but the 11th Circuit upheld the dismissal of the claim in June on primarily procedural grounds. In her lawsuit, Monteria Robinson said her son was a “diagnosed schizophrenic” who “presented no immediate threat of death or serious bodily injury” to the officers on the scene, who had been told that Robinson had a history of mental illness. Instead, Robinson said, the police “broke down the front door,” and, “began ‘spraying,’” rather than taking appropriate action.

You can listen to the full oral arguments before the 11th Circuit here.