The Latest: Hawaii prosecutors plan to appeal Deedy ruling

HONOLULU — The Latest on a ruling saying a federal agent may not be tried a third time for fatally shooting a man in a Waikiki McDonald's (all times local):

3:30 p.m.

Hawaii prosecutors plan to appeal a judge's ruling saying a federal agent may not be tried a third time for fatally shooting a man in a Waikiki McDonald's.

The Honolulu prosecutor's office said in a statement Friday it will appeal the ruling addressing U.S. State Department Special Agent Christopher Deedy to the 9th U.S. Circuit Court of Appeals.

The statement says the case involves the unjustified killing of Kollin Elderts, a young Hawaii man. The statement says it is prosecutors' moral and ethical obligation to pursue all legal remedies.

U.S. District Judge Derrick Watson ordered Hawaii officials to dismiss their case against Deedy and release him from his bail conditions.

A 2013 murder trial ended in a hung jury. A second jury in 2014 acquitted Deedy of murder but deadlocked on manslaughter.

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12:45 p.m.

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 2014 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.

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This story has been corrected to show the second jury trial was in 2014.

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