GRAND RAPIDS, Mich. (WOOD) — A Grand Rapids police officer who says he accidentally fired his gun while running toward a suspect will stand trial next month.

Officer Gregory Bauer’s trial on a misdemeanor count of careless discharge of a firearm causing property damage less than $50 is scheduled for Sept. 1, court records show. A jury has already been selected.

On Dec. 9, 2021, police said they were looking for a stolen car and suspect they thought was armed. They thought they saw the car parked at a home so they set up a perimeter and waited for the driver, Davionne Smith, to come out. When he did, Bauer ran toward him and fired his gun. When Smith asked why, Bauer can be heard in body camera video saying, “I tripped.” The bullet hit a building and no one was hurt. It soon became apparent that Smith hadn’t done anything wrong and his car wasn’t stolen.

A Grand Rapids Police Department spokesperson previously told News 8 that a misdemeanor conviction would not automatically cause Bauer to be fired. Decisions on whether to fire officers under such circumstances would be made on a case-on-case basis.

Smith has sued GRPD and the city, claiming assault, battery and gross negligence and asking for $7.5 million. He has also asked for a public apology and for all GRPD officers to undergo cultural sensitivity training.