An 84-year-old Kalihi man awaiting trial in the stabbing death of his sister-in-law days before Christmas three years ago had his case dismissed on a technicality Wednesday but was rearrested soon after at Circuit Court.

Circuit Judge Glenn Kim on Wednesday dismissed the second-degree murder case against Benjamin Lucas, indicted in December 2010, because his right to a speedy trial was violated.

Lucas was then rearrested shortly thereafter on the second-degree murder charge and taken into police custody. He will return to the Oahu Community Correctional Center, where he had been held.

Dave Koga, spokesman for the city prosecutor’s office, said a person has the right to trial six months from the time he or she is arraigned, but in Lucas’ case several hearings were held to determine his fitness to stand trial, which delayed proceedings. The matter is a technicality, and Lucas is still facing the murder charge, Koga said.

His bail was set at $250,000.

On Dec. 22, 2010, Lucas argued with his sister-in-law Marcelina Delacruz, 64, at their Arsenal Road home in Kalihi. She was then stabbed in the abdomen and died.

Police said Lucas’ 46-year-old daughter was at home at the time of the stabbing, ran downstairs and saw her father standing over her aunt holding a kitchen knife. Her aunt was lying in a pool of blood. Lucas initially fled from the home, but later turned himself in to police.