A judge ruled Monday there is enough evidence for a former employee of a Rapid City gas station to be charged with the Feb. 29 robbery of that gas station.

Davron Dinish, 40, is charged with first-degree robbery and DUI.

He is accused of using a gun wrapped in a plastic bag to threaten the clerk of the Hard Rockin' Gas Depot at 520 Birch Ave. and stealing about $2,100 in cash.

Law enforcement officers found the gun, wrapped in a plastic bag at an apartment next to one in which Dinish used to live, Tracey Decker, deputy Pennington County state's attorney, said.

Dinish's attorney, Amy Yanni, asked 7th Circuit Magistrate Judge William Severns to dismiss the charges because she said prosecutors did not have enough evidence.

Yanni said the only evidence the state has is a poor quality gas-station surveillence tape and the coincendence that Dinish used to work at the gas station. Decker is representing the state in the case.

The clerk on duty at the time of the robbery testified Monday that the man who robbed the gas station had fabric covering his face.

The clerk was not injured during the robbery.

John Jamber, manager of the gas station, testified that Dinish had worked there "four or five days" but was fired a couple of weeks before the robbery. Jamber did not say why Dinish was fired.

The case will now be moved from magistrate to circuit court. First-degree robbery carries up to 25 years in prison.

Dinish remains in custody at the Pennington County Jail.

Contact Katie Brown at 394-8318 or katie.brown@rapidcityjournal.com