SPOTSYLVANIA COUNTY, Va. (AP) — A Virginia sheriff’s deputy was indicted Thursday on a felony charge related to the shooting of a Black man at his home after he called 911 for help.

Special prosecutor LaBravia Jenkins said a special grand jury charged David Turbyfill with felony reckless handling of a firearm. The charge is usually a misdemeanor, but in this case Jenkins said it is a felony because of Isiah Brown’s significant injuries.

Brown was shot April 21 at his home after calling 911 for help. Part of the 911 call resleased shortly after the shooting indicates that the deputy thought Brown, who was talking on a portable phone, had a gun. After the dispatcher said his complaint didn’t merit a 911 call, Brown mentions a gun and made a comment about killing his brother.

He later said that he didn’t have a gun and state police said they didn’t find one on Brown. The deputy made comments such as “drop the gun” and “stop coming toward me” before firing.

Brown was shot 10 times and eight bullets were found in his body, his attorney, David E. Haynes, said.

Turbyfill, who has has been on administrative leave, faces up to five years in prison if he is found guilty. It’s not clear if he has an attorney.