CHESAPEAKE, Va. (AP) — Officials say a security guard is has been charged with second-degree murder in the shooting death of a 60-year-old man whose family says was playing Pokemon Go at the time.

Chesapeake Commonwealth’s Attorney Nancy Parr said Thursday that Johnathan Cromwell has been charged with second-degree murder and use of a firearm in the January killing of Jiansheng Chen.

Police say Chen was sitting in his minivan in a parking lot when he was fatally shot by the security guard after an altercation. An attorney for Chen’s family has said the man was playing Pokemon Go when he was killed.

Andrew Sacks, an attorney for the security company, has said the guard was acting in self-defense. He didn’t immediately respond to a message left at his office on Thursday.