An Atlanta police officer is scheduled to go on trial in Fulton County Superior Court Monday on aggravated assault charges.

Officer Reginald Fisher was working an off-duty job as a security guard at an apartment complex in Atlanta when he shot Tramaine Miller  in May 2009, officials said. Miller, who survived the shooting, was not involved in illegal activity, as Fisher suspected, but was at the apartment to help his quadriplegic aunt, officials said.

Fisher has been suspended without pay since 2009, according to an APD report provided to Channel 2 Action News.