HONOLULU(KHON2) — A security guard killed on the job is set to be recognized for his service in the annual Top Cop Law Enforcement and Security ceremony this week. But his girlfriend said she’s worried that the man accused of his murder could be set free due to a recent Supreme Court ruling.

It’s been five months since security guard Michael Stubbs was killed on the job. Angela Lacey, his girlfriend of 16 years, is still coming to terms with his murder.

“He always had a sense of humor and that’s what I miss. I miss Mike,” Lacey said fighting back tears. “It’s not like he was sick. It’s not like it was an accident. It was something that was caused from somebody else.”

According to court documents, 58-year-old Stubbs was working security on May 3rd when he was hit over the head with a metal water bottle. He died several days later.

Police arrested 30-year-old Razi Ali white. White is charged with murder and has been in custody since, but could be set free on a technicality requiring suspects accused of violent crimes to be indicted by grand jury.

White’s charges were brought via preliminary hearing, a process recently deemed unlawful by Hawaii’s Supreme Court.

“Where’s the justice!” Lacey said. “If we didn’t have the preliminary hearing then the outcome of the grand jury is the outcome of the grand jury, but we already went through that process. So here we go through that process again…This incident with Mike is like a roller coaster.”

According to the Honolulu prosecutors office, White is one of 168 suspects accused of violent crimes, including murder and rape, whose case could be dismissed.

Honolulu Prosecutor Steve Alm said they’ve been working around the clock to prevent that .

In a statment Alm said:
“So far, we have secured indictments in 14 of the 168 cases affected by Obrero and resolved an additional 5 cases by plea agreement. With aggressive prioritization of the most dangerous cases, we have so far been fortunate to not have any defendants released from custody.”

White pled not guilty. He has a hearing Thursday to determine if he’s mentally fit to stand trial.

Many suspects awaiting trial, including White, filed motions to be released. His request for release will be heard Tuesday October 18th.

KHON: “If the court finds him capable of, or fit to stand trial, the next step is on Tuesday, the hearing to dismiss. What do you want?”

“For him to be detained,” Lacey said. “For him to be detained until they can go in front of a grand jury.”

With only four grand jury sessions per week, Alm said “existing cases are competing for grand jury slots” and the schedule is full well into November.