RALEIGH, N.C. — A federal judge ruled Wednesday that 23-year-old Stephanie Bennett was a North Carolina resident when she was killed in her apartment three years ago, meaning a lawsuit against her apartment complex was sent back to state court.

Carmon Bennett claims apartment management did not do enough to prevent his daughter's death and cites poor security and failure to act on reports of a peeping Tom ouside his daughter's window.

Stephanie Bennett was found dead inside her first-floor apartment at Bridgeport Apartments on May 21, 2002.

When the lawsuit was originally filed, the apartment complex had the case moved to federal court, citing that Bennett was actually a Virginia resident. Thursday's ruling means the case will now be heard in Wake County.

The case had been scheduled to go to trial Dec. 13, but attorneys have not said when the case will now be heard.

On Oct. 19, Raleigh police arrested a suspect in the three-year-old homicide investigation -- 35-year-old Drew Planten, who lived in a neighboring apartment complex at the time of Stephanie Bennett's death.