Wichita ? A judge has determined that a Wichita man will stand trial on a charge stemming from a toddler found with a dead octopus lodged in his throat.

KSN-TV reports Matthew Gallagher waived his right to a preliminary hearing Thursday. He was charged with aggravated endangerment of a child after the 2-year-old was found with the small octopus in his throat.

The trial’s scheduled for Oct. 3.

The criminal complaint alleges that Gallagher “unlawfully and recklessly” caused or allowed the 2-year-old boy “to be placed in a situation in which the child’s life, body or health” is at risk.

Police have said the boy’s mother told investigators she returned home from work April 5 and found Gallagher performing CPR on her son. The boy was later released from the hospital.

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