TITUSVILLE, Fla. — Florida State Rep. Bob Allen, charged with a misdemeanor count of solicitation of prostitution last month, will face trial on the charge it was determined during a hearing this week.

Testimony Allen gave Florida police saying he was frightened of the officer who arrested him, will not be used in the case, it was determined this week. A trial date of Sept. 19 was set. Allen appeared at the hearing with his wife.

Allen said in the statement that he “certainly wasn’t there to have sex with anybody and certainly wasn’t there to exchange money for it … This was a pretty stocky black guy, and there was nothing but other black guys around in the park.”

Police said Allen peered over a bathroom stall and initiated a conversation with the officer who suggested they go someplace else. He was arrested upon exiting the restroom. Allen said the incident was a “huge misunderstanding.”