BURLINGTON, Iowa (AP) — Burlington, Iowa, has agreed to pay $5 million to settle a wrongful death lawsuit brought by the mother of a man who was shot to death by police five years ago.

The settlement announced Thursday comes nearly five years after Officer Chris Chiprez fatally shot 27-year-old Marquis Jones.

Police stopped Jones on Oct. 1, 2017, for allegedly playing music too loudly, and police say he ran away with a gun in his hand.

Chiprez said in reports that he thought Jones was armed when he shot him. But lawyers for Jones’ mother say evidence showed Jones had dropped the gun yards away and was nearly prone on the ground when he was shot.