CHICAGO – A Cook County grand jury has indicted Boston Celtics guard Tony Allen on three counts of aggravated battery stemming from a fight that escalated into a shooting outside a Chicago diner in August, officials said Wednesday.

Cook County state’s attorney spokesman Tom Stanton said the indictment was read to Allen during a hearing in a Chicago courtroom Wednesday. Allen did not enter a plea.

Allen, who was charged last month with aggravated battery and released from custody on a $150,000 bond, is scheduled to return to court Dec. 6 for arraignment, Stanton said.

Aggravated battery carries a maximum sentence of five years in prison, he said.

A telephone call to Allen’s attorney, Michael Zaslavsky, for comment was not immediately returned Wednesday.

Allen is accused of being involved in an early morning fight at the White Palace Grill, a diner south of the downtown business district. According to police, he punched another man in the face, breaking the man’s left eye socket.

Another man was shot in the left arm and left side but police spokesman Pat Camden said Allen is not suspected in the shooting.

Allen, who played college basketball at Oklahoma State, was drafted by the Celtics 25th overall in the 2004 draft. He started 34 games as a rookie, averaging 6.4 points and 2.9 rebounds a game.

AP-ES-11-16-05 1849EST

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