The 35-year-old former New York Ranger was arrested and charged last Wednesday, Sept. 30, with Criminal Mischief in the 4th degree, and two counts of Criminal Possession of a Control Substance in the 7th Degree, both misdemeanors. Police say that at the time of his arrest, Avery was throwing objects at passing cars, and was in possession of acetaminophen and oxycodone.
"Upon arrival, police observed Mr. Avery actually throwing an object at a passing motorist," Detective Sergeant Herman Lamison tells ET. "When the officer approached Mr. Avery to question him as to why he threw an object at the passing motorist, Mr. Avery became angry and hostile toward the officer and denied throwing anything. Upon further investigation, police interviewed several other motorists who experienced similar incidents, which led to the arrest of Mr. Avery on September 30."
But Avery's lawyer, Edward Burke Jr., tells ET that the former Dancing With the Stars contestant has prescriptions for the medications that were the basis of the charge. “[We] look forward to addressing the charges in court," he adds.
On Tuesday, Avery tweeted what appears to be a drug prescription list.
"Pretty disgusting I even have to do this but unfortunately it's the same old story. Have fun with this one," he wrote.
Avery is due to appear back at the Southampton Village Justice Court on Oct. 26.