Diamond, 37, was charged with second-degree recklessly endangering safety, disorderly conduct and carrying a concealed weapon after he admitted he was armed with a knife during a fight Dec. 25 at the Grand Avenue Saloon.
Diamond, who was interviewed after he left the bar, told police he was defending his 27-year-old fiancée, Amanda Schutz.
Diamond’s defense attorney, Thomas Alberti, says no one saw the former child star stab anyone during the altercation, but after hearing a police officer’s testimony, an Ozaukee County judge ruled there was sufficient evidence to bind Diamond over for trial.
“There is no evidence Dustin Diamond touched anyone with his knife,” Alberti tells PEOPLE. “Dustin didn’t reach out or slash out or throw his arms around and try to wound someone. He merely flashed the pocket knife to try to stop the harm that was befalling his wife.”
According to a criminal complaint, Diamond claimed the incident began after he declined to shake the hand of a woman who was bumping into his girlfriend. Soon after, he said, a man confronted him. He said he decided to pay, get their coats and leave, but a “brawl” erupted.
At that point, Diamond said, he heard his girlfriend scream, turned around and saw she was bleeding and that two men were holding her by the hair. Diamond said he was moving toward his girlfriend when a bar patron grabbed him.
During the preliminary hearing Monday, Ryan Hurda, a Port Washington police officer, testified that the bar patron pushed the actor as he moved toward the fight. The man’s brother got involved after he heard “the snap of a knife,” reports the Associated Press.
The officer said the bar’s video surveillance did not show the alleged stabbing.
“No, it’s not distinct, but you see he’s holding some type of object in his right hand,” Hurda testified, according to the AP.
After spending four nights in jail, Diamond was released after posting $10,000 bail on Dec. 29. He was granted permission to leave Wisconsin for “employment purposes,” according to FOX6. Diamond has a plea hearing scheduled for Jan. 22.
Diamond is best known as nerdy Samuel “Screech” Powers in the early 1990s sitcom Saved by the Bell.