HONOLULU (AP) — A U.S. judge in Hawaii says a federal agent can't be tried a third time for shooting and killing a man in a Waikiki McDonald's restaurant.
U.S. District Judge Derrick Watson ruled Friday that Hawaii prosecutors may not proceed with a retrial against U.S. State Department Special Agent Christopher Deedy.
Watson's ruling directs Hawaii officials to dismiss the case against Deedy and release him from his bail conditions.
A 2013 murder trial ended in a hung jury. A second jury in 2013 acquitted him of murder but deadlocked on manslaughter.
Deedy's defense attorneys argued a third trial on manslaughter would violate the double jeopardy clause of the constitution.
Deedy was in Honolulu for a 2011 international summit. He was off-duty when he was shot Kollin Elderts during an altercation.