For now at least, we won’t be seeing any justice for Jonathan Ferrell, the former Florida A&M football player who was shot 10 times and killed by a white police officer last year while seeking help after a car accident. On Tuesday grand jurors in Mecklenburg County, N.C., said they lacked enough evidence to indict the officer, Randall Kerrick, for voluntary manslaughter, NBC News reports.

The case isn’t over. Grand jurors suggested the prosecutors refile with lesser charges. Prosecutors said they would refile immediately because all of the grand jurors weren’t present for the decision, although it’s unclear whether they will stick to their original charge of voluntary manslaughter. 

Ferrell was shot to death last September after he crashed his car and sought help at a house nearby. His family has filed a wrongful death suit.