An appeals court hearing Monday may determine whether the owner of a gun can be charged with assault for the shooting that nearly killed a 9-year-old girl in February at a Bremerton school.

Kitsap County prosecutors charged Douglas Bauer because he owns the pistol his girlfriend's son took to Armin Jahr Elementary. It fired through his backpack, critically wounding Amina Kocer-Bowman in a classroom.

Bauer's lawyer, Wayne Fricke, argues there's no evidence that he did anything to harm the girl.

The Kitsap Sun reports ( http://is.gd/WYTnZb) the appeals court will decide whether prosecutors can go ahead with the assault charge.

The boy pleaded guilty to reckless endangerment and was sentenced to counseling. The boy's mother has pleaded guilty to unlawful possession of a firearm as a felon.

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Information from: Kitsap Sun, http://www.kitsapsun.com/