CHESAPEAKE, Va. — A security guard is now facing first-degree murder charges in the January shooting death of a 60-year-old man whose family says he was playing Pokemon Go.

WAVY-TV reports that the charges were upgraded Wednesday, the same day a grand jury had met in Chesapeake.

Police said in February that Jiansheng Chen was sitting in his minivan in a parking lot when he was shot by security guard Johnathan Cromwell after an altercation. Chen’s family has said the man was playing Pokemon Go.

Andrew Sacks, an attorney for the security company, said in February that it is believed that Cromwell acted in self-defense.

Information from: WAVY-TV,