The U.S. Supreme court rejected the request of prosecutors, Honolulu, to determine whether or not a Federal agent must stand trial a third time for the murder of a man in a Waikiki McDonald’s in 2011.
The decision of the Supreme court, so the Prosecutor can refile the murder charges against Christopher Deedy, the Federal agent who, after a night of bar-hopping, shot and killed Kollin Elderts during an altercation.
The Honolulu Prosecutor’s office said in a statement on Thursday that he would continue the assault in the first degree charge and separate charges related to the use of firearms.
Thomas Otake, Deedy’s lawyer, did not immediately respond to a message seeking comment on the case.
Deedy’s lawyers have previously argued that, to again bring him to trial would violate his double jeopardy rights.
The Prosecutor’s office has twice tried Deedy, charged with murder. In 2011, the trial ended, the jury, and in 2014, the jury acquitted him of murder, but was hung on charges of manslaughter.
The previous decision of the Federal court also means that if Deedy tried again, he can only be convicted of assault. Currently Deedy is appealing the decision of the 9th circuit court of appeals of the United States.
In a statement on Thursday, Deputy Honolulu Prosecutor Dwight Nadamoto use Deedy forces in 2011 “unjustified”. Nadamoto compared it with the recent police killings that have led to global calls for greater accountability of the police.
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