Olathe ? A man accused of robbing an Olathe bank last week still has not recovered enough from multiple gunshot wounds to make a court appearance. So Wednesday, the court came to him.

Sitting up in his hospital bed, Bennie J. Herring was advised of his rights by U.S. Magistrate Judge James P. O’Hara, who then reviewed the charges against Herring: armed bank robbery and discharging a firearm in furtherance of a violent crime.

During the 30-minute hearing, the judge stood at the foot of Herring’s bed, a court reporter recorded the proceeding and Herring’s defense attorney sat on the window sill next to the bed.

“This is not typical,” O’Hara said during the hearing. “It’s the first time I’ve done it.”

First appearances normally happen within 48 hours of the charges being filed, but because of Herring’s injuries, O’Hara said Wednesday was the first “reasonable opportunity” to conduct one.

Herring, 44, was shot by five officers after allegedly robbing a bank and taking hostages May 18 at the Capitol Federal Savings branch in Olathe.

Police said Herring bound 11 people inside the bank with plastic ties and forced the assistant manager to put money in a backpack.

Herring is accused of ordering the assistant manager and five other hostages to strip to their underwear, then taking them in a van to the Johnson County Executive Airport. Prosecutors said Herring fired two shots at police from the inside of the van.

At the airport, police say Herring ordered the van onto the tarmac, near a small plane waiting to take off. Herring, who had been a flight student but did not have a pilot’s license, was shot by police several times before he could board the plane.

During the hearing, Herring mentioned his injuries only once, in response to a question from O’Hara. He pointed to his right leg, wiggled his toes and said, “This leg doesn’t operate too good.”

O’Hara also asked whether Herring was taking any medications that would affect his ability to comprehend the proceedings. Herring said his current medication did not impair his ability to understand what was going on.

Assistant U.S. Atty. Leon Patton said he anticipated a grand jury indictment within a few days, but he did not know if additional charges would be filed.

O’Hara noted that Herring had met Tuesday with a court official and filled out a financial affidavit to determine whether he qualified for a court-appointed attorney, which he did. In the affidavit, Herring said he hasn’t worked full time since 2001, and last worked at a temporary job in January.

Also Wednesday, Johnson County Prosecutor Paul Morrison said in a letter to Olathe police Chief Janet Thiessen that his review of police and lab reports, photos and video from the crime scenes showed officers acted appropriately and used reasonable force in shooting Herring.

The five officers remain on administrative leave pending an internal review of their actions, an Olathe police spokesman said.