Atlanta ? Prosecutors on Monday dropped a weapons charge against a man accused of opening fire in an Atlanta courthouse, and a mistrial was declared in the suspect’s rape case as officials continued sorting out charges in the slayings of a judge and three others.

The suspected gunman, Brian Nichols, could appear in court as early as today, authorities said.

Nichols, 33, had been in federal custody since his arrest on a federal firearms charge. But officials announced Monday that the charge had been dropped so he could be handed over to Fulton County officials, who will likely be the first to prosecute him.

Nichols faces federal and state charges in the deaths of a judge, a court reporter, a deputy and a federal agent. Prosecutors will likely decide within 30 days what charges to file.

Nichols was being retried for rape and other charges when he escaped from a deputy Friday. That case was declared a mistrial Monday at the request of Nichols’ attorney Barry Hazen.

Hazen said continuing with that earlier case would be a waste of time and tax dollars: “He’s facing four homicide charges that could carry the death penalty. In the best-case scenario, he’s in jail for life. What’s the point?”