ROCKFORD (WIFR) -- There’s still no decision today on whether Judge Ronald White will reinstate murder charges against a man accused in the first murder of 2011.

Prosecutors argued today that even though a trial didn't take place within 120 days it was the defense attorney who delayed the case. Prosecutors say they are worried a guilty man will go free and justice won't be served. The defense argued the judge made the right decision to dismiss the charges. That was hard to hear for the family of the victim, charles Spivey, they say they have been coming back to court over and over again without results.

The victim’s aunt Elizabeth Spivey said, "We’ve been coming to court for quite awhile now and it's very confusing and I’ll just be happy when it's over with and we want to see justice done."

There was extra security outside the courtroom today because fights have been breaking out between rival gang members involved in the case. It could be months before the judge rules one way or the other. Maxey is in prison for a separate case and he will be brought back to the Winnebago County Jail to wait out the speedy trial decision.

ROCKFORD (WIFR) -- One of the men accused of committing the first murder of 2011 has been released from the Winnebago County Jail.

Antwan Maxey was one of three men accused of killing Charles Spivey last January, but because his trial didn't happen within 120 days a judge dismissed it; however, prosecutors are fighting back.

Maxey was released today to the Stateville Correctional Center. He’s being held in prison for violating parole on a separate case, but the department of corrections won't say when he could be released. Meanwhile, prosecutors have filed a motion hoping the judge will change his mind on the murder charges.

Prosecutors say Maxey delayed the case and under state law it hadn't been 120 days. Spivey’s family is still holding out hope.

Spivey’s sister Alexandria Spivey said, "It's not fair but. Justice is going to be served. It's not the end of that though just because that ruling went through that day. It’s not the end. An appeal will be made."

Prosecutors also argue that Maxey's defense attorney delayed the trial by filing so many motions in the case because four other people were shot.

In addition to Spivey, there was a lot of evidence that had to be sorted throughl ike photos, videos, 911 calls and statements from witnesses.

Next, a judge will hear the prosecution’s arguments and decide whether or not to reinstate the murder charges. In the meantime Maxey will stay in prison

ROCKFORD (WIFR) -- 25-year-old Charles Spivey was shot to death at a house party on Sherman Avenue in January 2011. It was the first murder of the year.

Antwon Maxey was one of three men charged in the murder. Maxey was arrested in August, 2011 and booked into the Winnebago County Jail.

Last Friday his defense attorney argued that because he had yet to face trial, Illinois' speedy trial rule had been violated. The Speedy Trial Rule says defendants must be tried within 120 days of being arrested and booked into jail unless the case is continued.

Maxey's case was continued more than ten times, but many of those continuances came at the motion of the defense.

On Friday Judge Ronald White said he agreed the speedy trial rule had been violated and dismissed all charges against Maxey.

Maxey is still being held at the Winnebago County Jail because of a hold by the Illinois Department of Corrections. He was on parole for another crime back in 2011 when he was arrested.

He will likely be sent back to prison until his parole is discharged.

The Winnebago County State's Attorney Joe Bruscato says he plans to challenge the judge's ruling. His office does not feel the speedy trial rule was violated.

Spivey's twin sister Alexandria and Alexi want justice to be served. They don't understand how the case could be dismissed on a technicality.

"For someone that's up for a murder? That he could have possibly been the one who actually killed him? It's not fair for him to get off...Just because 120 days went past," said Alexandria Spivey.