RICHMOND - A grand jury indicts 25-year-old Eric Driver on 2nd degree murder and firearm charges.

Driver is accused of shooting and killing an unarmed man who was breaking into a car parked in Richmond's Union Hill neighborhood back in April. CBS6 has learned the car belonged to Driver's girlfriend.

Witnesses tell CBS6 Driver told police he thought the break-in suspect had a gun. However detectives never found a gun other than the one Driver used in the shooting.

Driver is due back in court July 28 for a pre-trial hearing.