A grand jury did not indict Charlotte-Mecklenburg Police Officer Randall Kerrick for voluntary manslaughter Tuesday, instead asking the prosecutor to submit a lesser charge, the Charlotte Observer reports.

Kerrick is charged in connection with the Sept. 14 shooting death of 24-year-old Jonathan Ferrell, who was unarmed.

The attorney general’s office, which is handling the prosecution of the case, said the grand jury on Tuesday was missing some jurors. Prosecutors intend to resubmit the case to the full grand jury, according to a statement from the attorney general’s office.

If indicted Kerrick could go before a judge and jury as soon as this year. If convicted of the felony, he faces between three and 11 years behind bars.

Kerrick, who turned 28 last week, was arrested about 14 hours after he shot Ferrell 10 times in a brief and violent confrontation on Reedy Creek Road. Ferrell had wrecked his car and apparently was seeking help; Kerrick was responding to a 911 call from a nearby resident frightened by a late-night stranger at her door.