(CHICAGO) Rather than fight to keep his job, the off-duty officer who shot and killed Rekia Boyd in 2012, has resigned from the Chicago Police Department.

The Chicago Police Board says Dante Servin’s resignation comes days before his evidentiary hearing was set to start.

The hearing was to address various charges against the former officer.

In 2015, Servin was found not guilty of involuntary manslaughter for the death of  Boyd.

When Servin asked a group of people to keep the noise down near his Douglas Park home, words were exchanged and then Serivn shot into the group because he said he thought one of the men in the group had a gun. It turned out to be a cell phone.

The city settled a wrongful death lawsuit with Boyd’s family for $4.5 million but the city admitted no liability.

Because he served more than 20 years, Servin will be able to collect his pension when he turns 50.