An ex-Husker will stand trial for second-degree assault. A preliminary hearing was held Wednesday for 29-year-old Willie Miller, accused of intentionally ramming the SUV of an off-duty Omaha Police Officer last month.

Police and prosecutors are calling it an incident of road rage. Miller's attorney says it's more like negligent driving. He believes the authorities have gone too far.

"The fact of the matter is that at the end of the day I think these are overcharged, I think these are traffic offenses and they have no business being in a criminal courtroom," said Miller attorney Beau Finley.

When Officer Lacoma took the stand, he testified that while on the way to work, he witnessed Miller make a reckless lane change on the West Dodge Expressway, so Lacoma honked his horn.

According to Officer Lacoma, he and Miller both got off the expressway at 132nd Street and were turning in opposite directions when Lacoma said Miller turned around and followed him south on 132nd Street.

Finley said he hasn't seen any reports that verify that claim. "News to me, I don't know what lanes they were in."

What everyone is certain of is what happened next. Miller's Suburban struck the back of Lacoma's car near 132nd and Pacific. The crash totaled Lacoma's vehicle.

"May have been overcharged by the prosecutors or charged inappropriately," said Finley. "I think he's dealing with the situation where he's been charged with a crime and probably ought not have been charged with that crime."

Lacoma has been with the traffic unit of the Omaha Police Department for 12 years. He told the court he estimates Miller's speed at the time of the crash at about 90 mph.

Miller played for NU a decade ago. He is free on a $25,000 bond. A trial date has not been set.