A grand jury indicted an officer with the Fairfax County (VA) Police Department accused of assaulting a man who—according to available body-camera video footage—was not actively resisting when he was stunned and placed under arrest in an incident in early June.

According to WTOP Radio, a grand jury found sufficient evidence to indict Officer Tyler Timberlake on three counts of assault and battery, according to court documents.

In the video, Officer Timberlake walks into the frame deploys an ECD and then holds the man down with his knees as he tries to put handcuffs on the man.

Officers were initially called to the scene after reports were made of a man—later identified as La Monta Gladney—in need of medical attention.

Gladney had been charged with being public drunkenness and resisting arrest. Those charges were later dropped.