Attorneys for the city of Los Angeles have agreed to pay $4 million to settle a lawsuit filed by the family of an unarmed homeless man fatally shot by an LAPD officer in Venice Beach, CA, court records show.

Attorneys representing Brendon Glenn’s family and the city agreed to the settlement this fall and notified the court about their agreement two weeks ago, according to documents filed in federal court. U.S. District Judge Manuel L. Real dismissed the case a day later, citing the proposed settlement, reports the Los Angeles Times.

The tentative deal, which still requires approval by the City Council, comes as prosecutors weigh whether to charge the officer, Clifford Proctor, in connection with the May 5, 2015, shooting. Earlier this year, LAPD Chief Charlie Beck recommended that prosecutors file criminal charges in the case.

Proctor told investigators that he opened fire during a struggle with Glenn because he saw the 29-year-old’s hand on his partner’s holster and thought Glenn was trying to grab the officer’s gun, according to an LAPD report made public earlier this year.

In dismissing the case two weeks ago, the federal judge said the case could be reopened within 60 days if the settlement is not finalized.

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