FLINT TWP, MI -- A man who claimed he was wrongfully arrested on Christmas Eve while legally open-carrying his pistol has reached a $35,000 settlement with the officer who stopped him, according to the man's attorney.

John David McMorris reached the agreement Tuesday, July 28, after he sued Flint Township Police and Sgt. Russell Fries following his Dec. 24, 2013, arrest. The lawsuit was forwarded to the township's insurer.

"Mr. McMorris and I are satisfied with our result in this case," said McMorris' attorney, Craig McAra. "Civil rights cases for wrongful arrest can be difficult to win given the very high burden of proof placed upon the plaintiff."

Township police Chief George Sippert declined to comment on the settlement and directed questions to attorney G. Gus Morris, who represented the officer and department in the case.

Morris said the township continues to stand behind the legitimacy of Fries' stop but its insurance provider, which is paying the agreement, decided to settle to offset further costs.

"It was more of forgoing the cost of further litigation," Morris said of the settlement.

McMorris, 23, claimed that he was walking along Torrey Road around 11:30 p.m. on Christmas Eve with his .40-caliber Smith & Wesson pistol openly carried in a holster on the outside of his clothing and coat when he was stopped by a Flint Township police officer.

Morris, the township's attorney, has defended the stop, saying the officer passed McMorris about 15 minutes prior to the meeting on his way to another call. Morris said the officer flashed his bright lights at McMorris and could clearly see his right side but did not observe any gun.

The video shows the officer telling McMorris that when he passed him previously he could not see the gun and it must have been covered by his coat. The township claims the officer stopped to check on the man and observed the gun when McMorris raised his hands.

The officer concluded that McMorris had concealed the gun under his coat since he did not see it when he initially passed.

McMorris filed a federal lawsuit against the department in March 2014 claiming that he was legally carrying his gun.

But the lawsuit was put on hold months later when Genesee County Prosecutor David Leyton issued criminal charges July 28, 2014, against McMorris -- nearly seven months after the stop

McMorris was found not guilty April 2 after a trial on a single charge of carrying a concealed weapon.

Jury selection in the trial began April 1, but the case never made it to deliberations because Genesee Circuit Judge Archie Hayman issued a directed verdict after prosecutors were unable to meet their burden of proof to obtain a conviction while presenting their case.

Morris said the outcome of the criminal case had no bearing on the decision to settle the lawsuit.

"At the end of the day, $35,000 for two nights in jail is a reasonable balance of the potential risks and rewards of a trial," McAra said. "Mr. McMorris is glad to finally put this behind him and get on with his life."