CHESAPEAKE, Va. (WVEC) -- A grand jury has indicted the former security guard accused of shooting and killing a man who was allegedly playing the Pokemon Go mobile game earlier this year.

22-year-old Jonathan Cromwell has been in jail since he was first arrested on a charge of second-degree murder and use of a firearm in the January killing of 60-year-old Jiansheng Chen. On Wednesday, the circuit court says it was upgraded to a first degree murder charge.

Police say Chen was sitting in his minivan in a residential parking lot when he was shot by the security guard after an altercation. Chen's family has said the man was playing Pokemon Go.

Cromwell's attorney has previously argued Cromwell was in fear for his life, and that Chen's car lunged toward Cromwell and if Cromwell didn't shoot, he would have been run over.

However, the Commonwealth's attorney said there was no evidence Chen's car was moving and argued the bullet positioning proves Cromwell can't argue self-defense. The commonwealth argued Cromwell first shot through Chen's driver side window, then moved to the front of Chen's car, shooting five more times.

Cromwell's trial date is currently set for September 26.