A trio of Donald Trump-appointed federal circuit judges heard Georgia prosecutors’ request to send a murder case back to state court so that two cops accused of shooting Jamarion Robinson 75 times could face additional charges.
The fatal shooting occurred after the Atlanta Police Department issued an arrest warrant for Robinson, 26, in August 2016. Robinson allegedly pointed a gun and fired at officers who were responding to reports that Robinson, an untreated schizophrenic, had poured gasoline on his mother and her home.
Officers Eric Heinze and Kristopher Hutchens were part of a 16-person U.S. Marshals regional task force looking for Robinson to carry out the arrest warrant. The team arrived at Robinson’s girlfriend’s apartment, believing Robinson was inside.
They forced open the door, and according to reports, Robinson fired two rounds at the officers, none of whom were injured. Officers responded by firing over 90 rounds into the apartment; according to a medical examiner’s report, Robinson died from 75 bullet wounds.
Heinze and Hutchens were accused of using excessive force by continuing to shoot Robinson even after he became unresponsive. According to one report, Robinson’s “hands and arms were shot to bits,” and some speculated that the officers shot him at close range.
Fulton County prosecutors filed criminal murder charges against the officers in 2021, and the case was transferred to federal court in 2022 on the grounds that, as members of a federal task force, the officers were acting under color of law.
When Fulton County District Attorney Fani Willis took office, she took over the case and stated that she would prioritize prosecuting police excessive force cases.
The grand jury indicted Heinze on two counts of felony murder, aggravated assault with a deadly weapon, first-degree burglary, making a false statement, and violating oath by a public officer.
Hutchens was indicted on the same charges, as well as one count of making a false statement about statements he made during the official investigation into Robinson’s death.
Prosecutors allege that the officers lied about ceasing fire after a stun grenade was used to confuse the scene investigation.
A few weeks before an evidentiary hearing scheduled for May 2023, Georgia prosecutors filed a motion to seek a superseding indictment charging 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 requested a limited remand from the panel of the United States Court of Appeals for the Eleventh Circuit, which would return the case to state court for the sole purpose of bringing additional charges against the officers.
The panel was made up of U.S. Circuit Judges Robert Luck, Barbara Lagoa, and Elizabeth Branch, all of whom were appointed by President Trump.
The judges were skeptical of the request. During arguments, Luck stated that, while the case is being heard in federal court, the state court is not barred from taking additional actions related to it. Similarly, Lagoa argued that the state could have appeared at the district court hearing and presented a superseding indictment.
Robinson’s mother, Monteria Najuda Robinson, filed a civil legal action seeking monetary damages for excessive force, but the 11th Circuit dismissed the claim in June on procedural grounds.
In her lawsuit, Monteria Robinson stated that her son was a “diagnosed schizophrenic” who “presented no immediate threat of death or serious bodily injury” to the officers on the scene, who were aware of Robinson’s history of mental illness.
Instead, Robinson claimed that the police “broke down the front door” and began “spraying,” rather than taking appropriate action.