Jun 16, 2010 By The 1 min read

The father of a boy killed in a police shooting will serve time in prison after a judge found he violated his probation by testing positive for marijuana. Michael Hickenbottom, 38, of Uniontown was serving four years’ probation in one 2006 drug possession case and 23 months intermediate punishment in a second drug-related case from 2007.

Court records show Hickenbottom missed two recent appointments with the Fayette County Adult Probation Office, and in February and March, tested positive for the drug.

The sentences are being served concurrently, or at the same time, meaning Hickenbottom will serve a minimum of 2 1/2 months in prison.

At his trial in the 2007 case, Hickenbottom did not deny that marijuana found in his home was his; instead, he testified that he was a habitual smoker who funded his pot use by a steady stream of lottery winnings.

Hickenbottom is the father of Michael Ellerbe, 12, who was shot and killed by a state police trooper as he fled from a stolen vehicle in the East End section of Uniontown.

Hickenbottom sued police on his son’s behalf, and initially won a $28 million verdict.

After an appeal was filed, the case settled for $12.5 million.