Former men’s lacrosse player Charley Gargano faced judge Dennis Moroney Wednesday and set a date for a scheduling conference the first week of December.

Gargano is accused of assaulting Department of Public Safety officer Annette Demeuse Sept. 15. He is charged with substantial battery with intent to cause bodily harm, which carries up to a $10,000 fine and a prison sentence of three and a half years.

At the proceedings today, both sides requested medical records for both Gargano and Demeuse from the night of the incident.

According to the criminal complaint for the case, Gargano is accused of striking Demeuse after she arrived to assist another officer, Valerie Gunderman, who found Gargano and two other students in a verbal altercation.

Both attorneys requested more time to obtain the tape recordings of the incident, something that Assistant District Attorney Christopher Ladwig said was coming “any time now.”

Gargano will be back in court Dec. 9 at 1:30 p.m.

Capt. Russell Shaw, interim director for DPS, said Gargano was acting “very erratic” the night of the incident. After Gargano initially complied with the officers to get on the ground, he got up and ran at Demeuse, striking her and knocking her into a concrete planter. Several Milwaukee Police Department squad cars, fire trucks and an ambulance arrived at the scene. Both DPS officers received medical attention, while Demeuse suffered a nasal fracture and a broken orbital bone in her face. Demeuse also received eight stitches above her left eye.

Before the incident, Gargano reportedly attended a concert at The Rave, 2401 W. Wisconsin Ave. According to the criminal complaint, Gargano said that he “voluntarily ingested the hallucinogen, lysergic acid diethylamide on four seperate occasions,” while at the concert. Gargano told investigators he had “little recollection of what occured after that point, and has no memory of committing a battery.”

The criminal complaint also stated because Gargano was so intoxicated, the Milwaukee Fire Department needed to sedate him after DPS tried to subdue him with pepper spray. The complaint said that Gargano fled the scene and was apprehended by a DPS officer on the median on Wisconsin Avenue between Johnston Hall and Carpenter Tower.