Douglas County Judge Marcena Hendrix ruled Monday that prosecutors have enough evidence to pursue the case against Scotty Payne.
Mandee Kampbell, who trains Omaha officers on stun-gun use, testified that none of the 12 times Payne used his stun gun was appropriate.
Police video shows Payne using a stun gun June 5 to shock 29-year-old Zachary Bearheels at a convenience store. Another officer is seen punching Bearheels. That officer is charged with misdemeanor assault.
Some blows came after Bearheels was on the ground and not resisting.
Police have said Bearheels fought officers. He died at a hospital.