OLATHE, Kan. (AP) — Kansas prosecutors argued Wednesday that a 21-year-old state lawmaker who is charged with domestic battery in a disturbance involving his brother is no longer eligible for diversion.

Johnson County Assistant District Attorney Samantha Shannon said in a Zoom hearing that the issue is that a warrant was issued for Aaron Coleman after a motion to revoke his bond was filed in the wake of his arrest late last month on suspicion of drunken driving.

But Coleman’s attorney, David Bell, said that he didn’t know what had changed to prevent diversion.

Magistrate Judge James Phelan set a hearing for Jan. 7 to consider the issue and hear the results of a mental health evaluation that he previously ordered. Phelan said Coleman could remain free on bond until the hearing.

The affidavit in the domestic battery case said that the Kansas City, Kansas, Democrat pushed and hit his 18-year-old brother in an Oct. 30 fight. The sergeant said Coleman, who has acknowledged past abuses against girls and young women, was “uncooperative” with police and “extremely erratic.”

Several lawmakers have called for Coleman to resign, but no formal action has been taken yet.