A school employee in Yorktown faced a judge Thursday evening.

Authorities say 33-year-old Jonathan Merceus obstructed the victim's breathing in October.

Yorktown police say it happened at the Shrub Oak International School.

He's charged with endangering the welfare of that student.

In court Thursday, the defense attorney asked for a preservation order because he says audio evidence will support his client, Merceus.

The judge signed the order.

News 12 reached out to the district for comment and a spokesperson said in part "In this incident, staff and a supervisor intervened immediately, the employee in question was sent home and subsequently terminated.

Merceus is scheduled to be back in court Dec. 18.