A Georgia cop who fatally shot a teenager allegedly clutching a video game controller — and not a gun, according to his family — won’t be charged in his death. A grand jury declined to indict Euharlee police Cpl. Beth Gatny for involuntary manslaughter and reckless conduct in the death of 17-year-old Christopher Roupe. Gatny went to the family’s home Feb. 14 to serve Roupe’s father a warrant for a probation violation. The teen’s family said he was holding a Wii controller when he went to answer the door. Police, however, allege he had a pistol in his hand when he was shot in the chest.

The District Attorney’s Office for the Cherokee Judicial Circuit proposed the indictment against the officer, but the Bartow County grand jury returned a “no bill” finding Wednesday because of insufficient evidence, NBC affiliate WXIA reported. A previous grand jury said that deadly force wasn’t authorized, but the case was handed over to a second grand jury for review. “We’re at a loss as to why it went to another grand jury,” Roupe family attorney, Cole Law, told WXIA. “It’s very simple: You do not kill a child that comes to the door with a toy in his hand.” Gatny remains on administrative leave, and police wouldn’t immediately say Thursday whether she will return to her patrol duties.

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No charges filed against Euharlee officer in fatal shooting: http://t.co/48rrfIHa4Q pic.twitter.com/cWPnCJ80Af — 11Alive News (@11AliveNews) July 17, 2014

— Erik Ortiz