The family of former Navy officer John Hasselbrink, who was shot and killed last April, is fighting for justice.

Earlier this month a judge dismissed the case against alleged shooter Gregory Farr. 

A hearing Tuesday will  determine if it was dismissed with or without prejudice.

If it is without prejudice, prosecutors can re-file charges against Farr. 

He was initially charged with manslaughter and two counts of possession of an unregistered firearm. However, the judge ruled his right to a speedy trial was violated because prosecutors missed a deadline to submit evidence.

Hasselbrink's family has been keeping a watchful eye from California.

"The man who shot and killed my brother should have to pay consequence for his actions. It was a choice that night to shoot. You're having to hang on to every little hearing and postponement and now dismissal. It's just like reopening the wound. It hurts all over again," Pamela Kellermann, Hasselbrink's sister said. 

KITV4 reached out to Farr's attorney but they said they would comment after the hearing.

According to police, Farr told them Hasselbrink was pounding on his door when he claims he shot him through the door in self-defense.