The man accused of opening fire on members of the National Guard over the weekend will be charged in federal court. 

Jerrell Jackson, 41, was scheduled to be arraigned in D.C. Superior Court on Tuesday on charges of assault with a dangerous weapon, assault on a police officer and emergency personnel, carrying a pistol without a license and possessing a firearm as a felon, City Cast DC reported. 

Being both a federal and local city, U.S. Attorney for D.C. Jeanine Pirro has discretion over which court should try certain cases within the D.C. jurisdiction. Sentences handed down in federal court tend to be more severe than those in the city court system, according to data from D.C. and U.S. sentencing commissions.

A spokesperson for Pirro told City Cast DC Tuesday that prosecutors are evaluating the charges. No federal charges had been filed against Jackson as of Tuesday evening.

A group of several Guard members were traveling in a van when they noticed a street fight was underway. The members got out of the vehicle to intervene. Guard members told Jackson to drop the weapon, but he allegedly began shooting and tried to flee the scene, according to D.C. Police Chief Jeffrey Carroll. 

Jackson was also shot and treated for his injuries after he was detained. The National Guard solider, who was part of a unit from Georgia, was shot in the leg. He was treated and has since been released, a spokesperson for the Joint Task Force–District of Columbia confirmed to City Cast DC.