Charges faced by a security guard in Chesapeake, Virginia for the murder of a grandfather playing Pokemon Go with his grandson have been upgraded to first degree murder, reports the Virginian Pilot.

A grand jury Wednesday indicted Johnathan Cromwell for the January death of Jiansheng Chen.

“It’s pretty absurd they upped it to murder one, said the defendant’s father Ed Cromwell to WTKR. There’s no ground for it. It was never done… as far as he didn’t plan it. It just happened.”

Cromwell had previously been charged with second degree murder. Prosecutors say Cromwell stopped his vehicle in front of Chen’s. Chen responded by backing up his vehicle to leave. Cromwell exited his vehicle, and screamed stop, before firing five times, four times in the upper left chest and one time in the left arm.

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