One of three men charged with murder during a 2012 robbery in Schererville is seeking to have his case dismissed.

Attorneys for Stephen Lee Henderson, 30, have argued that prosecutors have failed to bring the case to trial within time limits outlined in the criminal rules of court procedure.

Henderson and co-defendants William Blasingame III, 35, of Harvey, Ill., and Michael Allen Craig Jr., 27, of Merrillville, were charged with killing Jacqueline Gardner, 24, during a robbery outside her Schererville apartment. They have pleaded not guilty.

Gardner was killed after she returned home from work at Joe's Crab Shack in Hobart with about $77 in tip money, which was missing when police arrived. Police found a 12-gauge shotgun shell in the third-floor hallway.

The woman's boyfriend told police around 11:30 p.m. on May 19, 2012, he heard what sounded like heavy footsteps and a struggle outside the couple's third-floor apartment in the 8000 block of Alpine Lane, the probable cause affidavit states. The boyfriend looked through the peephole and saw a man putting a choke hold on Gardner, court records state. The man told police he called 911 and screamed for help. When he opened the front door he found Gardner unconscious on the hallway floor in front of the door. She died of a gunshot wound to the back.

Defense attorney Lakeisha Murdaugh argued that her client, who was arrested in June 2012, should have been brought to trial within one year, and that any delays in the form of continuances sought by the defense shouldn't be counted if no trial date had been set.

Trial supervisor Aleksandra Dimitrijevic argued that Murdaugh was misinterpreting both the case law she cited on Wednesday and the trial rule itself. She noted that Murdaugh's co-counsel, Scott King, began representing Henderson in March 2013 and filed a petition to let bail, which dragged on for seven months. “The defense has asked for continuance after continuance after continuance,” Dimitrijevic said.

The four Lake County criminal court judges typically do not set jury trials when there is a pending petition to let bail.

Lake Superior Judge Clarence Murray gave both sides time for more research and to file briefs before the next hearing Dec. 5.

In the meantime, Henderson has been free on $7,500 bond since March 2015.

Blasingame and Craig also have been free on bond since 2014.

Court records indicate that license plate information provided by a witness led them to a black Oldsmobile in which the men fled the scene.

The car was found parked at Blasingame's residence, records state. His cellphone's GPS function showed it was used in front of Gardner's apartment, records state. Above the search toolbar, Craig's address appeared, records state.

Several calls were made to Henderson from the phone, records state. In addition, Craig's girlfriend at the time worked with Gardner. The woman told police she got home from work around 12:30 a.m. and saw Blasingame, Craig and Henderson there playing Xbox. After about 10 minutes, Blasingame and Henderson left.

In a statement to police, Craig said he, Blasingame and Henderson went to Gardner's apartment and waited about 15 minutes for her to arrive. Blasingame got out of the car and followed her inside, records state. When Henderson got out of the car, he was carrying a shotgun with a pistol grip. Blasingame let Henderson inside the apartment building, records state. Craig told police he heard screaming and gunshots, then saw Blasingame and Henderson run out the door, records state.

Police found what appeared to be blood on the seat of Blasingame's car and on a T-shirt found inside, records state.

Ruth Ann Krause is a freelance reporter for the Post-Tribune.