The preliminary hearing for a 42-year-old Hutchinson man who got into an altercation with a neighbor, busting his jaw and a nasal cavity is in recess until next month.

They started the hearing Monday in the case against Derrin Lovell, according to Senior Assistant District Attorney Steve Maxwell, but because a witness was not available, the judge allowed the hearing to go into recess until September 19, so that witness could testify.

Lovell was arrested back on June 4, after he and a neighbor, Jamie Moeller got into a fight with Moeller being injured. He apparently didn’t call anyone over the exchange including police. He then went to bed. Lovell apparently went into Moeller’s apartment allegedly over concern for his welfare, but then allegedly stole from him.

Moeller woke up the next morning and discovered items missing. He then called police and they came to investigate. They ended up doing a search of Lovell’s apartment and allegedly found the item taken from Moeller.

Lovell is charged with aggravated battery, aggravated assault, aggravated burglary, and felony theft.

He had just been released from prison back on May 10, after serving time for a drug conviction that goes back to 2007, but also convictions for aggravated battery, intimidation of witness, and theft from 2002.