DETROIT, MI -- It's been five years since Detroit Police Officer Joseph Weekley led a SWAT team in search of a murder suspect and fatally shot 7-year-old Aiyana Stanley-Jones.

After two mistrials, the Wayne County Prosecutor's Office dismissed the remaining misdemeanor charge of careless discharge of a weapon causing death.

Detroit Police Media Relations Director June West said Weekley returned to active duty on a "restricted" basis "a couple weeks ago."

Detroit Police Chief James Craig told George Hunter of the Detroit News last week that Weekley was restored to active duty April 2.

"He's on vacation now, but when he returns, he'll be in a limited duty capacity," Craig told Hunter. "He won't be in the field."

Weekley has been listed in various paid, off-duty statuses since the shooting early May 16, 2010.

Ron Scott, founder of the Detroit Coalition Against Police Brutality, has represented Aiyana's family since the shooting.

He said Tuesday plans to protest the return of Weekley are in the works but not finalized.

The Wayne County Prosecutor's Office alleged that Weekley's negligence led to Aiyana's death.

"It's my gun that shot and killed a 7-year-old girl," Weekley told Wayne County Assistant Prosecutor Robert Moran during his first trial in 2013.

Weekley claims his MP5 sub-machine gun fired when Aiyana's grandmother, Mertila Jones, slammed his gun with her hand.

Moments earlier, Aiyana was sleeping beneath a "Hanna Montana" blanket on the couch next to her grandmother.

Police, being filmed by A&E's "The First 48," were looking for Chauncey Owens, who has since been convicted of killing 17-year-old Je'Rean Blake outside a nearby party store. He was arrested in a separate upstairs unit of the multi-family house.

A flash-bang grenade shattered the front bay window and exploded seconds before the Weekley-led Special Response Team barged though the front door.

As he was trained, Weekley testified his finger was outside the trigger guard when he entered the home carrying a large ballistics shield that he dropped almost immediately after entering the home.

The shield seemed unnecessary, Weekley testified. There were no threats.

The only thing he saw upon entering the home on Lillibridge in Detroit was a "pile of clothes" on a couch by the entrance and a 19-inch TV flickering in the dark room.

He spotted housemate Vincent Ellis standing in a doorway just before a stun grenade exploded, temporarily blinding him.

Weekley squeezed his eyes to try and regain his sight, he told the court, and heard a high-pitched moan, like someone "out of breath" coming from beneath the pile of clothes.

It's then that Weekley says Mertila Jones bore down on him with her arm striking his gun.

"I pulled the trigger of that gun, unintentionally, and I didn't even know it at the time," Weekley said in cout.

He said he was oblivious to the fact that the bullet was fired from his gun and suspected it was fired by Ellis' gun, whom he pursued into an adjacent bedroom. Ellis was unarmed.

When Weekley returned to the family room, he watched Jones straddling her dying granddaughter, speechless and seemingly "in shock." He said he began to realize what happened.

Weekley says the MP5 only weighs six pounds and has almost no recoil, which is why he didn't initially know it had fired.

"I knew it was my gun that went off because I was right there," Weekley said. "Then I started freaking out a little bit."