Originally Published: 13 JUN 23 12:11 ET

Updated: 22 DEC 23 16:57 ET

By Nick Valencia, CNN

Editor's note: (12/14/23) Since this story was published in June, a grand jury declined to return an indictment against Sgt. Greg Capers, the officer who shot Aderrien Murry, reporting it found no criminal conduct on behalf of the officer involved.

(CNN) — The Mississippi police officer who wrongfully shot an 11-year-old after the boy called 911 for help has been suspended without pay effective immediately, according to a member of the Indianola Board of Aldermen.

Alderman Marvin Elder tells CNN that on Monday night a motion was made at the Indianola Board of Aldermen meeting to suspend Sgt. Greg Capers without pay effective immediately. Elder said that the motion passed 4-1.

Capers mistakenly shot and seriously injured Aderrien Murry in late May while the officer was responding to a domestic disturbance call at the child’s home, according to his mother, Nakala Murry, and the Mississippi Bureau of Investigation. Capers was initially put on paid administrative leave after the shooting while it was investigated.

The Indianola Police Department told CNN they would not comment about the case.

Responding to Capers’ suspension without pay, his attorney Michael Carr told CNN they are still deciding whether to appeal.

“We were not made aware of the meeting or given the opportunity to speak or give our side,” Carr said. “Let me be clear; the decision to change Officer Capers’ status from leave with pay to leave without pay is no reflection on the merit of the alleged criminal charges against him.”

Last week, Murry filed a written affidavit in Sunflower County Circuit Court accusing Capers of bodily harm and aggravated assault to her minor son.

“This affidavit is written by Ms. Murray, and the charge as written does not reflect the complete statute,” Carr told CNN. “Let me reiterate that this affidavit is not filed by any investigative agency at this time. Mississippi Bureau of Investigation is currently investigating the case. They have not filed an affidavit or any charge.”

Carr said that the Bureau of Investigation is in possession of Officer Capers’ body cam footage, adding, “I am certain once released, (it) will clear him completely from any criminal allegation in the shooting.”

Capers has a scheduled probable cause hearing on October 2 at 10 a.m., according to Carr.

The May shooting was captured on police body camera, but it has not been released to the public. The footage is in the possession of the Bureau of Investigation which is investigating the shooting. In a statement after the shooting, the MBI said the agency was “currently assessing this critical incident and gathering evidence” and would turn over its findings to the state attorney general’s office after the investigation is complete.

The Murry family has made repeated calls for Capers to be fired and charged. As a result of the shooting, Aderrien was given a chest tube and placed on a ventilator at the University of Mississippi Medical Center in Jackson after developing a collapsed lung, fractured ribs and a lacerated liver, his mother said.

He was released from the hospital days later and is continuing to recover, according to his family.

The boy’s family has filed a lawsuit in federal court seeking $5 million, claiming excessive force, negligence, reckless endangerment, and civil assault and battery, among other counts.

Reacting to the lawsuit, Indianola Mayor Ken Featherstone said he looks forward to “making everyone whole,” but the city “doesn’t have $5 million in the bank.”

Correction: A previous version of this story gave the wrong first name of Indianola Board Alderman Marvin Elder.

The-CNN-Wire