KEARNEY, Neb. (AP) — A man shot by a Kearney officer who has since been charged with assault also will face trial.

Court records say Jose Klich has pleaded not guilty to misdemeanor charges of obstructing a peace officer and of driving with a suspended license. His trial is set to begin Jan. 9 in Buffalo County Court.

The officer who shot Klich, Derek Payton, has pleaded not guilty to felony assault. The records don’t show that a trial has been scheduled.

Payton is accused of shooting three times on June 5 at Klich, striking him once in the abdomen. An affidavit in support of Payton’s arrest warrant says Payton was not in the path of Klich’s car when he fired as Klich began to drive away from the scene of a traffic stop.