Former UNC basketball standout P.J. Hairston wasn’t in court Friday for misdemeanor assault and battery charges, and he might not be in court until October.

The News and Observer reports that Hairston’s lawyer, Bill Thomas, said, despite a new court date being set for September, the newly-drafted Charlotte Hornet’s appearance could be pushed back another month.

Hairston was charged with assault and battery after he was accused of hitting six-foot-five-inch, 190-pound, high school senior, Kentrell Barkley at a pickup game at a YMCA in Durham. Both parties are claiming that the other threw the first punch. Barkley, who attends Northern Durham High, was not charged.