Published: Sep 12, 2012 3:17 PM EDT
Updated: Sep 12, 2012 5:01 PM EDT

PUNTA GORDA, Fla.- The state has just one month to return the truck that's a piece of evidence in a Charlotte County hit and run.

Minor league baseball player Matt Bush is accused of driving a friend's car and hitting 72-year-old Anthony Tufano, critically injuring him.

In court tWednesday, that friend Brandon Guyer, told the judge he wants his truck back. The judge said prosecutors must return the truck within 30 days or be prepared to pay Guyer compensation for not having access to it.

Bush's attorney said the delays from the state are also affecting his ability to properly prepare a defense for his client.

"I would like to see all the evidence. I can't advise my client what to do: plead guilty, plead not guilty or talk about a plea. I can't talk about any of that stuff until I see all the evidence against him," said Bush's attorney, Russell Kirshy.

Bush pleaded not guilty to eight seperate charges of DUI and hit and run, stemming from the incident.