BATON ROUGE, La. (AP) — The governing council in Baton Rouge, Louisiana, has again rejected a $5 million settlement in a lawsuit over the death of Alton Sterling, a Black man shot by police in 2016.

Baton Rouge news outlets say the 12-member Metro Council fell one vote short of the seven needed for approval in Wednesday’s vote.

The rejection makes a March 2021 trial more likely in the lawsuit filed on behalf of Sterling’s five children. It’s the third time the council has failed to pass a settlement.

Sterling was shot six times in a confrontation with police outside a convenience store. The video-recorded shooting led to protests in Baton Rouge.

Internal investigators for the Baton Rouge Police Department concluded that Blane Salamoni, the officer who fired the shots, had used excessive force, according to The Advocate. Salamoni resigned. Authorities did not file criminal charges after an investigation.