The officer who fatally shot a Pennsylvania college student after he went to the wrong house after a night of drinking in August is facing charges.

The Montgomery County District Attorney’s Office (MCDAO) announced on Tuesday, Sept. 1, that police corporal Sean Farrell, 58, has been charged with voluntary manslaughter in the death of 22-year-old Glennwood ‘Bubba’ Pysher IV.

Pysher’s father Glenwood Pysher Sr. told PEOPLE that the college student went on a pub crawl with friends on the night of Saturday, Aug. 22. He said the group then decided to move the party to a pair of nearby houses, and his son mistakenly went to the wrong home while moving from one home to another.

Officers arrived on the scene at around 12:30 a.m. on Aug. 23 after receiving a 911 call for a “possible attempted break-in at a residence,” the MCDAO said in an initial news release. An encounter ensued and “police fired at the male subject, fatally striking the subject,” according to the MCDAO.

Sean Farrell’s mug shot.Montgomery County District Attorney’s Office
However, the MCDAO said on Sept. 1 that an investigation by the Montgomery County Detective Bureau determined that the shooting was “not a legal use of force by a police officer.”

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They examined Farrell’s body-worn camera, which captured the moments leading up to Pysher’s fatal shooting. The officer, who was the first to arrive on the scene, was seen walking down the driveway with a firearm and a mounted light and positioning himself behind a red car in the driveway as he observed a male — later determined to be Pysher — standing on the home’s cement patio near the rear door, according to the MCDAO.

The MCDAO says in the footage, Farrell yelled at Pysher, “Police, let me see your hands. Hands up, hands up now, drop to the ground.” The college student then raised his hands in the air and began walking toward the officer.

“The officer again yelled: ‘Drop to the ground,’ as Pysher continued to walk toward him with his hands raised. Cpl. Farrell again yelled ‘Drop to the ground,’ then yelled ‘Stop or I’ll…’ but prior to finishing that command, Cpl. Farrell fired two shots, striking Pysher twice in the chest,” the MCDAO said in a statement.

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The attorney’s office said that Pysher had been “17 to 20 feet away” from Farrell when he was “fatally shot.” Detectives recovered “two fired cartridge casings” at the scene from the officer’s gun and said that “no firearm or weapon was recovered at the scene.” They also determined that Pysher had been unarmed at the time of the fatal shooting.

Under Pennsylvania law, an officer is “justified” in using deadly force “only when he believes such force is necessary to prevent death or serious bodily injury to himself or such other person,” or when he believes that the suspect is “attempting to escape and possesses a deadly weapon” that will endanger or hurt others, according to the MCDAO.

Glenwood ‘Bubba’ Pysher IV.GoFundMe
“The investigation found that Cpl. Farrell had less-than-lethal options on his utility belt that he did not employ, including a taser. At the time of the shooting, the officer was a safe distance from Pysher behind a car, and the victim had his hands in the air and did not possess any type of weapon,” Montgomery County District Attorney Kevin Steele said in a statement.

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“Mr. Pysher was not a threat. This is not a legal use of deadly force, leading to the charge of voluntary manslaughter,” he added.

Farrell turned himself in to Montgomery County Detectives on Tuesday, Sept. 1. His bail was set at $75,000. His next hearing is scheduled for Sept. 10, according to the MCDAO.