Kim Zolciak is denying the allegations against her 15-year-old son, Kroy “KJ” Biermann Jr., following his arrest on two felony charges in Georgia.
KJ was arrested in Alpharetta on August 17 and charged with aggravated sodomy and aggravated sexual battery, according to documents obtained by Fox News Digital. Police said the charges stem from an encounter reported at a Life Time Fitness facility in April, when KJ was 14.
The former Real Housewives of Atlanta star called the allegations “nothing short of reckless and deeply troubling.” Zolciak said her son denies the alleged conduct, voluntarily took and passed a polygraph examination and pointed to forensic testing referenced by investigators that did not detect male DNA.
Alpharetta police confirmed that the case began in Superior Court because of the charges KJ faces. Court documents reviewed by PEOPLE said he was being held without bond at the Metro Regional Youth Detention Center and had a preliminary hearing scheduled for September 8.
Police Reviewed Gym Footage During the Investigation
According to arrest warrants and an Alpharetta Police Department report, the complainant told investigators that she encountered KJ at the gym before the two entered a family changing area. She subsequently accused him of sexual conduct without her consent.
The security footage did not capture what allegedly occurred inside the changing area. Court documents reported on by TMZ said surveillance video showed the two teenagers at the gym and later showed them leaving the area separately. Investigators also sought data from the complainant’s phone, but the documents said a damaged charging port prevented extraction at that stage of the investigation.
The complainant underwent a forensic examination at Children’s Healthcare of Atlanta after reporting the encounter. KJ’s attorney, Jason Sheffield, said the police report notes that Georgia Bureau of Investigation testing found no male DNA in the areas examined.
Zolciak and KJ’s Lawyer Say He Is Innocent
In her statement, Zolciak said her son “categorically denies” engaging in the conduct alleged against him. She also said he voluntarily underwent a polygraph examination and passed it.
Defense attorney Jason Sheffield separately told Atlanta station WSB-TV that KJ is “100 percent innocent.” Sheffield said the defense attempted to provide the arresting officer with the polygraph result and information about the DNA testing and intends to present its evidence to prosecutors.
Georgia Law Put the Case in Superior Court From the Start
Georgia law gives Superior Court initial jurisdiction over cases involving defendants ages 13 through 17 who are accused of certain specified violent felonies. Both aggravated sodomy and aggravated sexual battery are among the offenses covered by the state’s SB 440 framework.
A Georgia Department of Corrections fact sheet explains that the law gives Superior Court jurisdiction when a juvenile in that age range is accused of one of seven designated offenses, which also include murder, rape, armed robbery with a firearm, aggravated child molestation and voluntary manslaughter.
The same state guidance notes that cases involving juveniles accused of those offenses can, before indictment, ultimately be directed to juvenile court depending on the applicable legal process.