ATLANTA — The halting legal saga in the seven years since Jamarion Robinson was shot 59 times and killed during a federal task force operation in 2016 reaches a critical crossroads this week.
In federal proceedings that are scheduled to run through Friday, a judge is hearing arguments related to the case against two officers - U.S. Marshall Eric Heinze and Clayton County Police Department officer Kristopher Hutchens - who were eventually indicted for murder by a Fulton County grand jury in Robinson's death.
That was in late 2021. However, federal courts last November ruled they had jurisdiction before the case could go to trial in a Georgia state court.
Attorneys for the officers argue they are entitled to federal immunity provisions, as they acted on behalf of a federal task force to take Robinson into custody in the shooting. They have filed for the case to be dismissed.
"Defendant is entitled to immunity under federal law, including but not limited to the Supremacy Clause of the United States Constitution and Georgia law," a legal filing from March on Heinze's behalf asserted.
The argument for Hutchens - who remains employed by the Clayton County Police Department - mirrors that, noting that though he is a county police officer "formally deputized by the U.S. Marshal Service" to serve on the task force.
The State of Georgia, in this case being represented by Fulton County District Attorney Fani Willis, is also arguing on a further matter to gain a "limited remand" of the case back to state court, where they could potentially add new charges in a superseding indictment against the officers.
If the judge grants immunity and denies any further "limited remand" of the case back to Fulton County, it would largely mark the end of the long process during which Robinson's mother, Monteria, has sought justice in her son's death.
Monteria spoke publicly again Thursday, alongside Atlanta Councilman Antonio Lewis, to gain public support for her case.
"If these officers are granted immunity... they get away with murder," she said. "Period. That's it."
More about the case
Kristopher Hutchens and Eric Heinze were both on the Marshals Regional Task Force while serving an arrest warrant on behalf of the Gwinnett County Police Department and Atlanta Police Department.
The warrant was over incidents in which Robinson allegedly poured gas on the floor beneath his bed and in front of his mother’s bedroom and for allegedly pointing a gun at officers while confronted at a friend’s apartment complex.
Robinson's mother said she called the police - not to have him arrested - but to get him mental health treatment. He had been recently diagnosed as paranoid schizophrenic.
The 26-year-old was killed on August 6, 2016, while inside his girlfriend's East Point apartment.
Authorities said he had a gun. At the time, U.S. Marshals and law enforcement assisting them were not required to wear body cameras. Advocates for his family have said he did not fire and that the gun found on the scene could not fire. Court documents allege "back-and-forth gunfire" and that he "fired his gun at least twice towards the officers."
A medical examiner's report revealed Robinson had 76 bullet wounds from being shot 59 times, with some of the bullets creating both entry and exit wounds.
The U.S. Department of Justice originally cleared the task force of wrongdoing, but a Fulton County grand jury brought the indictment against Hutchens and Heinze.
Robinson's mother, Monteria, also filed a civil lawsuit against the two officers, accusing them of excessive force. A federal court found in favor of the officers in that lawsuit in March.