A Honolulu deputy prosecutor told a state judge Thursday that he shoved defense lawyer Myles Breiner but only after Breiner called him a “piece of s—-.”

Breiner denies making the statement.

The incident Opens in a new tab happened in the hallway in the state courthouse Sept. 18 following a hearing on a criminal case for one of Breiner’s clients. The deputy prosecutor, Emlyn Higa, is one of two deputies assigned to the case.

In a hearing on Breiner’s request to disqualify Higa from the case Thursday, Higa told Circuit Judge Paul B.K. Wong, “Normally, when something like this happens, and it does happen among attorneys, things will get heated, sometimes people say things they don’t mean. We handle it between ourselves. We handle it as men.”

Higa told Wong he should not be disqualified from the case because what happened was personal, between him and Breiner, and had nothing to do with the case or the defendant.

Wong did not rule on Breiner’s disqualification request. The parties are involved in plea negotiations, and the next court hearing is scheduled for Oct. 28.

A spokesman for the city Department of the Prosecuting Attorney says Higa told acting city Prosecutor Dwight Nadamoto that he shoved Breiner and that “Disciplinary action has been taken.”

Breiner says he had undergone shoulder surgery before the incident, and filed a statement with the state sheriff deputies accusing Higa of assault. He has also filed for a temporary restraining order.