Please enable Javascript to watch this video 
 
 CHESAPEAKE, Va. - A security guard charged with the shooting death of a 60-year-old man in Chesapeake's Riverwalk neighborhood was indicted for first-degree murder Wednesday. This comes months after the initial second-degree murder charge in February. 
 
 Johnathan Cromwell was arrested in January after police say he shot and killed 60-year-old, Jian Sheng Chen. 
 
 Court documents now list Cromwell with two charges, first-degree murder and use of a firearm in commission of a felony. 
 
 At the time of the incident, Cromwell was a security guard for the neighborhood. 
 
 Police say Cromwell admitted to shooting Chen first through the driver's side window and then sidestepping toward the front of the van while continuing to fire. 
 
 Ed Cromwell, Johnathan's father spoke exclusively to News 3's Kim Cung about the new charge. 
 
 "It's pretty absurd they upped it to murder one. There's no ground for it. It was never done... as far as he didn't plan it. It just happened," said Ed Cromwell. 
 
 According to Cromwell's lawyer, the 22-year-old was acting in self-defense. They say Chen was trespassing in the area and drove his minivan toward Cromwell before five shots were fired. 
 
 Chen’s family says their grandfather was playing Pokémon Go, and spoke little English. 
 
 Cromwell's attorney previously asked a judge to lessen Cromwell's charge from second-degree murder, claiming the evidence showed Cromwell was justified in his actions of shooting Chen. 
 
 "This case is really more political than it is as far as on a judicial standpoint. We believe they're just trying to make an example of him," said Ed Cromwell. 
 
 Cromwell believes things changed after three Congressman urged authorities to conduct a thorough investigation of what happened. 
 
 "For them to step up and inquire why hadn't charges been forth after three and a half weeks after the city tried to determine if it would be justified shoot or not. They went back and forth with it several times," said Cromwell. 
 
 He added the next day after the petitions went online, the Congressmen got involved. 
 
 "A day later the Commonwealth Attorney makes a new release the petitions nor will the Congressmen influence have anything to do with their findings or how their charges are come up. The next day after, he is charged," said Cromwell. 
 
 In a statement, Wenren Chen, Jian Sheng's nephew said: 
 
 “We knew what happened with the scene and we know my uncle didn’t do anything. And we’re waiting on answers from the police force. All up to this time, we’ve been waiting on answers from the police force. That further explains why my Father is pleased with the answers because we’ve been waiting for that.” 
 
 Cromwell's Dad believes the case has nothing to do with Johnathan Cromwell acting in self-defense. 
 
 "Johnathan's attorney was with him today until 1:30 [p.m.] or so. His attorney did not know they were going after the grand jury indictment today to get this upped to murder one," said Cromwell. 
 
 Cromwell's attorney confirmed Wednesday, he did not know about the indictment. 
 
 Now, the Cromwell family is focusing on the trial ahead. 
 
 "They could have went after it in the beginning, but at least in this point, once he does get acquitted they can't come back and charge him with murder two," said Ed Cromwell. 
 
 Cromwell is scheduled to have a jury trial beginning September 26. 
 
 RELATED: 
 
 Judge grants defense attorney’s motion to withdraw from ‘Pokemon Go shooting death’ case 
 
 Only on 3: Solitary confinement for Chesapeake security guard charged with murder 
 
 Security company speaks out after guard charged with murder of Pokemon Go player 
 
 Chesapeake security guard charged with murder denied bond for a second time 
 
 No bond for Chesapeake security guard charged with murder 
 
 Niece of man killed while playing Pokemon Go says suspect was at their house before the shooting 
 
 Chesapeake security guard charged with murder of man playing Pokemon Go ||||| A man accused of fatally shooting a 60-year-old grandfather is now facing a first-degree murder charge, NBC affiliate WAVY reported Thursday. 
 
 Johnathan Cromwell, left, has been charged in the death of Jiansheng Chen, right. Chesapeake Sheriff's Office / Chen Family 
 
 Johnathan Cromwell was charged on a warrant in February with second-degree murder and the use of a firearm in committing a felony for the shooting death of Jiansheng Chen. 
 
 Cromwell, then a security guard, allegedly confronted Chen, a retiree and immigrant from China, after Chen drove his blue van into the driveway of the parking area of a club house in the River Walk neighborhood in Chesapeake, Virginia, in January, prosecutors have said. Greg Sandler, a Chen family attorney, has said Chen went to the clubhouse parking lot to play Pokemon Go, a GPS-based mobile game, in order to bond with his nieces, nephews, and grandchildren. 
 
 RELATED: Man Who Shot Pokemon Go-Playing Grandfather Parts Ways With Attorneys 
 
 An attorney for the security company, Citywide Protection Services, has said Cromwell fired multiple times in self-defense after Chen allegedly drove his van at him. Chen, who police have said was unarmed, was shot five times and died on the scene. 
 
 One of Chen’s nephews has called the self-defense claims “completely false.” 
 
 Play Facebook 
 
 Twitter 
 
 Embed Grandfather Shot While Playing Pokemon Go 1:23 autoplay autoplay Copy this code to your website or blog 
 
 In Virginia, it is not uncommon for a warrant to allege second-degree murder and the grand jury to indict for first-degree murder, Nancy Parr, the commonwealth's attorney for the city of Chesapeake, told NBC News. 
 
 The grand jury that handed down the first-degree murder indictment met Wednesday, according to Parr. Cromwell also faces a felony charge for the use of a firearm in committing a felony. 
 
 RELATED: Mourners Remember Grandfather Killed by Security Guard at Chinatown Wake 
 
 But Robinson Winn, Cromwell's defense lawyer, told NBC News he was surprised by the new charge, though it will not change how he will approach the case. 
 
 "Everybody's unhappy about it," Winn said. "We're going to try the case on Sept. 26." 
 
 The Chen family is also looking forward to the trial, according to their lawyer. 
 
 "The Chen family has great trust and confidence in the judicial system and looks forward to the trial on September 26, 2017 to bring justice and cloture to this tragedy," James Broccoletti, an attorney representing the family, told NBC News. "An innocent and unarmed grandfather was shot multiple times and the indictment for first degree murder is well warranted." 
 
 A jury trial in the case is scheduled to begin Sept. 26. 
 
 This story has been updated. 
 
 Follow NBC Asian America on Facebook, Twitter, Instagram and Tumblr. ||||| CHESAPEAKE, Va. (WAVY) — A security guard accused of shooting and killing a man in the River Walk Community in January is now facing a first-degree murder charge, according to the Chesapeake Circuit Court. 
 
 Johnathan Cromwell was previously charged with second-degree murder in the death of Jiansheng Chen. The grand jury met Wednesday morning. 
 
 Chen was shot during an apparent confrontation with Cromwell on Jan. 26. Cromwell was patrolling the River Walk neighborhood on the night of the shooting. 
 
 Chen’s family says the 60-year-old did not speak any English, and claim he was playing the popular smart phone game Pokemon Go when he was shot. Family members say he played the game in order to keep up with this children and grandchildren. 
 
 The Chesapeake Commonwealth’s Attorney said in a February court hearing that Cromwell shot at Chen more than six times, hitting him four times in the chest. Minutes later, Cromwell reportedly asked a detective on scene about the accuracy of his shooting. Chen died at the scene. 
 
 Defense attorneys for Cromwell maintain that he acted in self-defense. Cromwell has admitted to shooting Chen, but his lawyer says he was only doing his job and he thought Chen was going to kill him. 
 
 But prosecutors say it was not self-defense and that Cromwell shot Chen as he was driving away. They said Cromwell’s life was never in danger because his first shots came through the driver’s side window. Cromwell then allegedly moved in front of Chen’s van and shot five more times. 
 
 A jury trial in the case is set to begin Sept. 26.
– A 22-year-old security guard has been charged with first-degree murder in the shooting death of a Virginia grandfather whose family says he was playing Pokemon Go in an effort to connect with his grandchildren. WTKR reports Johnathan Cromwell was working as a security guard for a Chesapeake neighborhood last January when 60-year-old Jiansheng Chen, who didn't speak English, pulled up in his van. Chen's family says he was in the area to capture Pokemon. Prosecutors say Cromwell shot at Chen more than six times, striking him four times in the chest, according to WAVY. Cromwell claims he was acting in self-defense. NBC News reports an attorney for Citywide Protection Services says Chen drove his van at Cromwell. But prosecutors say Cromwell fired at Chen as he was driving away, with his first shots entering the driver's side window. They say he moved around to the front of the van and fired more shots. When police arrived at the scene, Cromwell allegedly asked a detective about the accuracy of his shooting. Cromwell was charged with second-degree murder in February. That charge was upgraded to first-degree murder Wednesday. He's also charged with the use of a firearm in commission of a felony. Cromwell's father accuses prosecutors of "trying to make an example" of his son for "political" reasons. He says "there's no ground for" the new charge.