RAPID CITY (AP) - A judge has ruled that the gun used in a Rapid City shooting earlier this year won't be returned to the gunman's mother, who wanted it to help her grieving.
Authorities say Earl Hicks used the 9 mm handgun to shoot a man at a homeless shelter Feb. 28. The man recovered. Hicks was killed by a police officer who responded to the scene.
Mother Jackie Giago asked Judge Matthew Brown to give her the gun because it might help her come to terms with her son's death.
The Rapid City Journal reports Brown has refused, agreeing with the attorney general's office that her possession of the gun would be unlawful because it was used in a crime.
Giago says she'll consult with her attorney on whether to appeal.
