MESQUITE, Texas (AP) — Police in a Dallas suburb have dropped an evading arrest charge against a black man who was shot by police last week while trying to get into his truck.

Mesquite police department spokesman Lt. Brian Parrish says the charge was dropped against Lyndo Jones Tuesday afternoon, but police may revisit the charge at a later date.

Parrish said officers responded on Nov. 8 when someone reported a man trying to break into a vehicle and setting off the alarm. Police say Jones was shot twice by Officer Derick Wiley during a scuffle with officers who were trying to handcuff him.

Parrish says Wiley, who is also black, has been placed on paid leave during an internal investigation.

Jones' attorney S. Lee Merritt says the shooting was not justified.