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ASPEN, Colo. (AP) — A banjo player accused of assaulting another man with his instrument will get to keep pickin' while awaiting his trial.

Thirty-three-year-old Joseph Stancato of Denver faces second-degree assault charges after allegedly hitting another man upside the head with his banjo on New Year's Eve. Authorities say Stancato got into an argument with two men at a bus stop.

District Judge James Boyd on Monday approved Stancato's request to be allowed on the road to tour with a band while awaiting his next court date Feb. 6.

The banjo is considered "a deadly weapon" under Colorado law, so Stancato could face prison time, the Aspen Daily News reported.

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