Officials in a Mississippi town suspended without pay the police officer who wrongfully shot 11-year-old Aderrien Murry when responding to a 911 domestic dispute call from the boy.

Indianola, Miss. Alderman Marvin Elder told CNN that the Board of Aldermen voted 4-1 Monday night (June 12) to change suspended Sgt. Greg Capers’ status from leave with pay to leave without pay effective immediately.

Aderrien’s family has called for the Indianola Police Department to terminate and criminally charge Capers for his actions at around 4 a.m. on May 20.

Nakala Murry, Aderrien’s mother, said at a May 22 press conference that she asked Aderrien to call the police because the father of her other child came over to her house and was acting irate. The family’s attorney Carlos Moore  told The Washington Post that Capers arrived at the scene with “his gun blazing.”

Murry said she told the officer that everyone in the house, including her daughter and 3-year-old nephew, was unarmed. The officer ordered everyone in the home to come out with their hands up. Aderrien followed the officer’s directions, but Capers shot the unarmed boy in the chest.

Aderrien suffered a collapsed lung, fractured ribs and other serious injuries. He was released from the hospital on May 24 after being placed on a ventilator.

Capers’ lawyer Michael Carr is considering whether to appeal the suspension without pay decision.

“We were not made aware of the meeting or given the opportunity to speak or give our side,” Carr told CNN. “Let me be clear, the decision to change Officer Capers’ status from leave with pay to leave without pay is no reflection on the merit of the alleged criminal charges against him.”

Carr noted that the Mississippi Bureau of Investigation is not finished with its probe into the shooting, adding that he’s “certain” Capers will be cleared of wrongdoing when the bureau releases the officer’s body cam video, which hasn’t been released to the public.

The MBI is expected to turn over its findings to the state attorney general’s office after completing its investigation.

Meanwhile, Aderrien’s family has filed a $5 million federal lawsuit against Indianola and Capers, alleging excessive force, emotional distress, civil assault and battery, reckless endangerment and other charges.