WASHINGTON (AP) — A judge has dismissed a gun case after prosecutors said an arresting officer may have designed a T-shirt that an advocacy group says has a racist symbol.

The Washington Post reports the dismissal this week in D.C. Superior Court is the first since members of the 7th Police District “Powershift” unit have come under scrutiny for the shirts.

The black shirt shows the Grim Reaper holding a rifle. Above the image is the word “Powershift” with a cross embedded in the letter “o.”

That image is a “sun cross,” which advocacy groups say is used by white supremacist groups.

An internal police investigation of the shirts is underway. Prosecutors tried unsuccessfully to delay the trial until that investigation is complete.

Prosecutors could refile charges at a later date.

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Information from: The Washington Post, http://www.washingtonpost.com