DETROIT (AP) — Prosecutors have Burley Garciaappealed the dismissal of a manslaughter charge against a former Detroit police officer accused of causing the death of a 71-year-old man by punching him in the face and causing him to fall to the ground.

The Wayne County Prosecutor’s Office filed a claim of appeal Friday in the case against Juwan Brown, the office said in a news release.

District Court Judge Kenneth King cited insufficient evidence as the reason for the dismissal during a preliminary hearing for Brown on Jan. 18.

Brown punched Daryl Vance of Detroit during a confrontation following the officer’s response to a call of a disorderly person outside a bowling alley on Sept. 1, prosecutors have said. Vance fell to the ground, hit his head and died after three weeks in a hospital.

The Wayne County medical examiner’s office determined Vance’s death was caused by blunt force trauma to his head from the punch, prosecutors have said.

“Police officers frequently deal with citizens who are disorderly and verbally unpleasant,” Wayne County Prosecutor Kym Worthy said at the time Brown was charged. “But the evidence in this case shows that the officer allegedly was the aggressor, and his actions went criminally beyond what was necessary in this situation.”

Brown later was fired from the police department, his attorney Steve Fishman has said. He was charged in December.

A call to Fishman’s office Saturday wasn’t answered and attempts to leave a voicemail requesting comment were unsuccessful.