The police officer who fatally shot a 1-year-old boy in Mississippi has resigned, Senatobia’s mayor confirmed Friday. Sergeant Hunter Foster, 33, fired into a moving vehicle while responding to a shoplifting call on June 14, resulting in the death of Kohen Wiley, who was seated on his mother’s lap in the passenger seat. Senatobia is located about 40 miles south of Memphis, Tennessee.

Foster was cleared of criminal wrongdoing earlier this week following a months-long investigation by the Mississippi Attorney General’s office, which concluded his use of force was justified. On Thursday, state officials released body-worn camera footage and other videos depicting the encounter in the Walmart parking lot where the shooting occurred.

The videos show Foster and several other officers approaching a parked vehicle after a Walmart employee reported that two women were running from the store. Kohen’s mother, Vellesiya Wiley, and her friend entered the vehicle and attempted to leave, reversing into a nearby parked car before accelerating forward. Foster stepped toward the moving vehicle with his gun drawn and fired as the car’s wheels turned away from him. The bullet shattered the front passenger window where Kohen was seated. The car then fled the scene.

Foster’s attorney has argued that the officer had no choice but to fire because the vehicle was moving toward him. However, attorneys representing the Wiley family dispute this account, pointing to the footage which they say shows the fatal shot came from the side of the vehicle, suggesting Foster was not in imminent danger. An independent autopsy commissioned by the family supports that conclusion. Images of the vehicle reveal a shattered right front passenger window consistent with where the child was sitting.

The family’s legal team has called for a federal investigation into the shooting, as well as for Foster to be de-certified as a law enforcement officer to prevent him from joining another police department. Mississippi officials confirmed Foster remains certified as a police officer as of Friday.

Kohen Wiley’s family denies that any theft occurred during the incident, and no charges have been filed against Wiley or her friend. Court records show that Foster has previously worked for other law enforcement agencies in Mississippi since becoming certified in 2019. His employment included stints with the Southaven Police Department and the Desoto County sheriff’s office before joining Senatobia police earlier this year.

In 2021, a federal lawsuit accused Foster and other officers of civil rights violations during an arrest in 2019 in Southaven. The lawsuit alleged excessive force and false reporting by Foster. Those claims were denied by the officers, and the Southaven Police Department settled the lawsuit in 2022 for an undisclosed sum.

The Wiley family and their legal representatives did not immediately comment on Foster’s resignation. Kohen Wiley would have turned two years old in early November.