Prosecutor claims KJ Biermann was previously charged over sexual incident with family member that he ‘filmed on his phone’

Kim Zolciak and Kroy Biermann’s jailed teenage son KJ, 15, had sex with a relative under the age of 12 and filmed it, according to a prosecutor.

The accusation was made public today at Georgia’s Fulton County Superior Court where KJ faced a judge on separate sexual assault charges involving a female classmate. 

Kroy Biermann Jr, known as KJ, has been held at Atlanta’s Metro Regional Youth Detention Center since his August 17 arrest as he faces seven felony charges stemming from an alleged sexual assault involving a female classmate in April.

However, before Judge Melynee Leftridge made a ruling at the bond hearing, Deputy District Attorney Caitlin McGillicuddy claimed that investigators had found videos on KJ’s phone which allegedly depicted him having penetrative sex with a family member under the age of 12 according to Page Six. The case was adjudicated in juvenile court and KJ is currently under court supervision which is set to expire in 2027.

The Daily Mail has obtained a statement from KJ’s attorney Jason Sheffield denying the prosecutor’s claims as it read: ‘The characterizations made in court regarding the prior juvenile matter involving KJ Biermann grossly misrepresent both the facts and the ultimate resolution of that case. 

‘The matter arose from inappropriate, crude behavior involving two middle-schoolers. It did not result in an adjudication for statutory rape, sexual intercourse, or any comparable offense. Any suggestion otherwise is inaccurate and creates a materially misleading impression of how the juvenile matter was ultimately resolved.’

This came after prosecutor McGillicuddy claimed there were ‘multiple encounters’ on video found on the cell phone and they allegedly showed KJ using ‘predatory, derogatory’ language toward the victim.

McGillicuddy said according to Page Six: ‘This would now mark the second time he has been charged with an offense of a sexual nature of a very serious kind which involves female victims.’

She added that KJ had been charged with sexual battery of a victim under the age of 16 but that had not been previously made public due to it being under Fulton County Juvenile Court.

McGillicuddy also said that KJ had been under court supervision for that charge since October 2025 which was 10 months before he was arrested on separate charges of felony aggravated sodomy and felony aggravated sexual battery.

The Daily Mail has reached out to representatives for KJ’s parents Kim and Kroy in addition to prosecutor McGillicuddy and has yet to hear back. 

Meanwhile, according to Page Six, Judge Leftridge said on Friday that she will decide whether KJ will be released on bond by Monday as he is scheduled to be arraigned on October 14.

In the plea for his bond, KJ’s lawyer Sheffield told the judge: ‘This has been so traumatizing to [KJ] personally. He is not a boisterous kid. He is somewhat quiet.’

The site claimed that Sheffield has asked that the teenager be released on $65,000 bond and suggested that Zolciak monitor him as she is not employed at the moment and currently at home.

McGillicuddy responded by saying that the alleged victim in the April case had suffered ‘documented physical injury’ as a result of the alleged incident, which she described as ‘predatory’ and thus is asking for bond to be set at $190,000.

Judge Leftridge also held that court proceedings in the case will remain open and accessible.

KJ was supported by his parents Kim and Kroy at his bond hearing on Friday as he could face a 25-year prison sentence due to multiple felony assault charges related to an alleged sexual assault. 

Meanwhile, Kim and Kroy are in the middle of a very contentious separation and divorce which has yet to be finalized, but the two put their differences aside and put on somewhat of a united front at the latest court hearing.

The estranged couple respected each other’s space as they arrived at Fulton County Superior Court in Atlanta separately and did not interact at the courtroom at all according to Page Six.

Zolciak remained ‘stone-faced’ while sitting beside daughter Brielle Biermann, 29, while Kroy looked ‘stressed’ according to an eyewitness for the publication.

Zolciak and daughter Brielle refused to answer any questions about the case from reporters while leaving the court room. 

Last month the matriarch hit out at the allegations and maintained KJ’s innocence in a statement to the Daily Mail as she branded them ‘reckless and deeply troubling.

Zolciak said: ‘He categorically denies ever being involved with this woman or engaging in the conduct she has alleged.

‘My son voluntarily took a polygraph examination regarding these allegations and passed,’ she claimed.

‘Additionally, an examination was conducted, and no DNA belonging to my son was found.’

‘We remain confident that the facts and evidence will establish the truth, and we ask that people allow the proper process to take its course rather than spreading unproven allegations.’

The teenager was indicted by a grand jury on seven felony charges, including aggravated child molestation, aggravated sodomy, aggravated sexual battery, three counts of sexual battery against a child under 16 and false imprisonment.

The charges stem from an alleged encounter with a female classmate at a Life Time fitness center in Alpharetta, Georgia, on April 23. KJ, who remains behind bars, has denied all of the charges against him. 

Earlier this week, KJ’s attorney filed a transfer request with the Fulton County Court to move the case to Georgia’s juvenile justice system as if convicted, he is facing the possibility of a 25-year prison sentence.

KJ would face the full sentence without the possibility of parole if convicted, his attorney, Jason Sheffield, said in court documents filed on September 8 and obtained by the Daily Mail.

 But Sheffield argues that KJ, who was 14 at the time of the alleged sexual assault, is young enough that he could still be rehabilitated if he avoids a life-altering quarter century in prison.

‘The aggravated charges carry a mandatory minimum sentence of 25 years in prison, up to life,’ Sheffield wrote in his motion, which was first reported by Page Six.

The attorney emphasized that the court ‘cannot probate any portion of the 25 years’ and added that KJ ‘would not be eligible for parole’ at any point in that period, assuming he was convicted.

‘He would have to serve every day of each 25-year sentence, if run consecutively,’ Sheffield reiterated.

KJ’s attorney focused on the length of his client’s sentence while urging the judge to transfer the case to juvenile court, as he claimed that KJ wasn’t fully developed and could still benefit from rehabilitation.

‘At fifteen, KJ’s story is not finished,’ Sheffield continued. ‘That proposition is not sentimental. It is developmental reality, and it is embedded in Georgia’s statutory scheme.’

He added that ‘KJ is not an adult offender who happens to be young. He is an adolescent whose development is ongoing and can demonstrate his ability for understanding, growth and change, and whose future cannot reliably be predicted merely from the labels attached to the allegations against him.’

Sheffield vowed to introduce evidence at a transfer hearing to show that KJ ‘remains amenable to treatment, supervision, structure, education, and rehabilitation within the juvenile justice system.’

KJ’s attorney stated that the ‘juvenile justice system does not mean an absence of accountability,’ and he said the system ‘permits adjudication, supervision, treatment, restriction, placement, education, and rehabilitation in a system designed around the developmental realities that distinguish children from adults.’

By contrast, he wrote that the ‘adult system asks principally what punishment an offense deserves. The transfer statute asks a different question: What should happen to this child?’

Sheffield acknowledged in his motion that the allegations against KJ were ‘unquestionably serious,’ but he said their seriousness should not mark ‘the end of the inquiry.’

In addition to asking for the case to be moved to juvenile court, KJ’s attorney asked the judge to consider ‘the privacy interests of the juveniles involved and the potential harm caused by further public dissemination of their identities, statements, and conduct.’

To do so, Sheffield suggested closing parts of the upcoming transfer hearing, as well as sealing juvenile records and limiting public disclosures involving minors. He emphasized that the measures could not only protect the privacy of KJ and the alleged victim, but also any other minors who might become involved in the case.

He also argued that allowing information to circulate freely could ‘contaminate recollections’ of witnesses.

‘Neither child chose this attention. Yet both must now live beneath it,’ Sheffield added.

KJ’s appearance in court on Friday came after his Tuesday court hearing was suddenly canceled.

Biermann’s attorney, Jason Sheffield, confirmed to Page Six that the state’s indictment of KJ filed last Thursday has become the ‘controlling action’ in the case.

As a result, the judge who was set to oversee the preliminary hearing will now be changed, hence the postponement.

Sheffield explained: ‘We will have several court dates coming up, including a motion to transfer the case to juvenile court, a bond hearing, and an arraignment on the current indictment.

‘Unfortunately, we will have to wait for our day in court where we can finally begin to level the playing field.’ 

The attorney added that the state has made it clear that it intends to try KJ as an adult, which was the matter to be litigated at today’s hearing.

‘We are expecting to enter not guilty pleas to all charges at the plea and arraignment hearing on October 14,’ he said.

‘I’m going to file a motion for the case to be transferred to juvenile court and for him to be tried as a juvenile.’

His attorney Sheffield said: ‘It is difficult to comprehend that a 14- or 15-year-old child can be held in detention for a month or longer simply waiting for a bond hearing.

‘But that detention is a direct consequence of the detective’s decision to arrest him on charges of this magnitude. 

‘Once those charges were selected, the law governing bond left little room for his age or juvenile status to meaningfully change what happened next. In that sense, the severity of the charges does not merely define the accusation – it effectively strips away many of the protections we ordinarily associate with treating a child differently from an adult.’

This comes amid news that KJ will likely endure ‘close, close monitoring’ if he’s granted bond after being taken into custody last month over sexual assault allegations made by a female classmate. 

KJ was arrested in Alpharetta, Georgia, last month for the alleged April 23 offense. 

According to Fulton County Juvenile Court papers obtained by the Daily Mail, the alleged victim said she was at the gym when she saw KJ, and alleged he suggested they go into a co-ed sauna.

Per the documents, to get to the sauna, they had to walk through a family changing room, which is where the alleged incident happened.

The girl claimed KJ began to touch her and she said no. She then alleged he forced her to perform oral sex on him and allegedly attempted ‘multiple times to have sexual intercourse with her by trying to pull down her pants.’ She alleged that when she ‘finally managed to get away from him… he pulled up his pants and left.’

Per documents, an officer was dispatched to North Fulton Hospital on April 24 for a reported sexual assault.

Police said the alleged victim and her father claimed the incident occurred the day prior inside a nearby gym.

The alleged victim was examined at the North Fulton Hospital in Georgia on April 24 and, per the report, no evidence of male DNA was found in her mouth or vagina.

Police opened an investigation and an officer says he began attempting to contact Kroy Sr on May 14.

The officer says he spoke with him on May 18, and Kroy Sr said he would ‘discuss the matter with Kim.’

KJ is being held without bond at the Juvenile Court of Fulton County. 

His attorney tried to get the teenager released on bond on Wednesday afternoon.

His lawyers submitted documents arguing that the teenager isn’t a flight risk and that his strong academic and athletic record is proof of his good character.

The attorney said that Biermann Jr is ‘a high school student in good standing who has demonstrated strong academic achievement,’ on top of receiving scholarships for his athletic prowess.

They also point out that Biermann Jr never fled the state despite knowing about the charges against him back in April, and that he also submitted to polygraph testing.

The attorney is also asking to keep the proceedings confidential due to both Biermann Jr and his alleged victim being juveniles, as well as the public interest in the case due to Zolciak’s fame as a reality TV star.

KJ’s attorney Jason Sheffield told the Daily Mail last month: ‘My client is 100 percent innocent and tried to present evidence to the arresting officer, including a passed Polygraph by a notable and respected sex offender Polygrapher.

‘The fact that he’s been arrested and is being held without Bond is a tragedy. He is not only presumed innocent, but is in fact, innocent.

‘I will work tirelessly to demonstrate to the District Attorney’s office the mean-spirited nature of these false allegations and to bring a close to this matter as quickly as possible. I’m asking the Public not to presume the truth of these allegations and to give the families on both sides their space and privacy.’

In May, Zolciak, 48, who has been embroiled in a bitter child-custody row and split from Biermann, 40, celebrated KJ’s 15th birthday.

The reality TV couple parted ways in 2023 and had a series of breakups and reconciliations before splitting for good.