CHATTANOOGA (WRCB) -- Judge Rebecca Stern calls out for Kenardo Curry, but he's not in the court room, again.

This case has been in limbo for the past few years as both sides have been trying to get witnesses together for trial.

Curry's attorney, Dan Ripper, says it's been an on-going problem.

"At this point we are ready to go and the state is ready to go," Ripper says. "This particular witness was unavailable."

Curry is the former neighborhood services administrator for Chattanooga and accused of stealing thousands of dollars from the city.

Court documents reveal he used a city credit card to buy personal gifts and spent some $60,000 of taxpayer dollars.

Ripper says the charges have since been narrowed down.

"That amounts to an official misconduct charge and theft charge," Ripper says. "Those are the only two being tried, so it should move a lot smoother."

The charges date back as far as 2001 and Curry resigned in 2005 after a city audit showed thousands in missing funds.

Ripper says it's not uncommon for a complex trial to have delays, but not too often does it takes more than four years.

The trial is set for March 5, 2013.