JACKSONVILLE, Fla. -

The man in custody in a robbery and shooting at a Westside CVS store earlier this month and believed to be tied to the killing of a worker in Mojo no.4 Urban BBQ Whiskey Bar the same night was arraigned in court Wednesday.

Herman Pickens, 24, is out of the hospital after being shot by police as officers tried to arrest him.

Pickens pleaded not guilty to the robbery, attempted murder and weapons charges.

He has not yet been charged in the killing at Mojo. Police said they are waiting until they can further build their case.

Pickens was shot by an undercover SWAT officer during a stakeout and chase.

Robert Sutton, 54, was shot and killed at Mojo while doing cleaning work with another man.

Gun in police-involved shooting

A short time later is when police said Pickens robbed a nearby CVS and shot an employee, whose head was grazed by a bullet. That employee has since been released from a hospital.

Police said Pickens was in possession of a Smith & Wesson 9mm handgun loaded with 11 rounds (pictured, right) when he was shot twice by an undercover SWAT officer. Police said Pickens had the gun concealed in a black bag and had his hand in the bag, and when he turned and faced officers, Detective M.E. Campanero fired at him.

The gun was being tested for ballistics in relation to the Mojo killing.