KENOSHA, WI (WLIP)—The Pleasant Prairie man who is charged with a hate crime for allegedly shouting a racial slur at an African-American woman appears headed for trial.

78 year old Robert Carver is also charged with recklessly endangering safety for the June incident that was caught on video. The viral video on-line reportedly shows Carver accelerating his S-U-V towards the woman in a store parking lot after yelling the slur towards her.

She escaped uninjured. Carver has pleaded not guilty.

In a Thursday hearing, Carver’s attorney argued that the charges should be dropped due to lack of probable cause.

Carver is due back in court in September.