PUEBLO, Colo., -- A man accused of murder in Pueblo could possibly walk. His lawyer is arguing that his right to a speedy trial has been violated.

"Like I told the judge, I recognize it's a hard decision but I didn't believe that it was a difficult one from the standpoint of the analysis of what happened here or what's failed to happen here," said Michael Emmons, an attorney.

Isaiah Abeyta, 26, was arrested in September 2008. He is one of two suspects that police believe stabbed and killed 38-year-old Blake Benegas outside of a Pueblo bar.

A year and half later, Abeyta is still behind bars and still waiting for a trial.

"Under the Colorado statute, once a person enters a not guilty plea, which Mr. Abeyta had in fact done long before I took the case, then the state has six months in which to bring a defendant to trial," explained Emmons, Abeyta’s attorney.

Emmons said it’s the responsibility of the prosecution to set a trial date and that never happened. The exact reasons are unknown, however, the first trial date set in the case was withdrawn after it became known that an investigator with the public defender had an inappropriate relationship with a witness for the prosecution. Afterwards, Emmon’s took over as Abeyta’s attorney.

"I've asked the judge to dismiss the case since Mr. Abeyta's speedy trial rights were violated under the state, under the U.S. Constitution and the Colorado Constitution. There cannot be a legitimate trial anymore," said Emmons.

Emmons said he understands the perception that the public may have if the case is dismissed but it’s the law.

"Anyone would say it's a fairly dramatic thing for a murder case to be dismissed on a speedy trial violation. One factor is there's a certain part of the public that seems to believe if a person is accused of something, they're probably guilty of that even though that's not the case," he said.

The decision is now in the hands of a judge. Emmons said he’s anticipating that it will come sometime in early June.