TULSA COUNTY, Oklahoma - A man accused of killing his pregnant girlfriend is will stand trial after a judge refused to dismiss the case Thursday afternoon.

The judge ruled the trial will start August 29th, but the defense attorney plans to fight that.

He said accused killer Kenneth Hopkins has been held in Tulsa County too long without going to trial, violating the Interstate Agreement Detainers Act, because he's also serving time for a federal conviction.

Hopkins’ family waited anxiously on the judge’s ruling inside the Tulsa County Courthouse Thursday, hoping for his case to be dismissed.

Hopkins is accused of shooting his 19-year-old pregnant girlfriend, Marshay Wesson, back in June of 2012.

He's currently serving time in federal prison for gang activity and robbery, but he transferred back to the Tulsa County jail to face murder charges.

Hopkins' mother, Lisa Pannell, said she believes Wesson's killer is still out there.

"My concern is that the Tulsa police did not do their job correctly. There is a suspect out there, they never tried to search for another suspect, they just wanted it to be him. He was in a full relationship with her, he had no reason to do that to his child and his baby's mother," Pannell said.

Hopkins was charged with the crime back in February, four years after Wesson's death; four years Hopkins’ mother said her family hasn't been able to mourn.

"We've never even had a chance to grieve for her because of the accusations that initially went out. I lost a grandchild. I never got to grieve for that grandchild," Pannell said.

Pannell said even though she is disappointed in Thursday's ruling she will continue to lean on her faith.

As of now the state says they are ready to go to trial on August 29th.