The Hawaii Supreme Court is getting closer to deciding if Special Agent Christopher Deedy can be tried a third time for the death of Kollin Elderts.

The Supreme Court is scheduled to hear oral arguments Feb. 2 about whether a third trial would constitute double jeopardy.

Deedy, an agent with the U.S. State Department’s Diplomatic Security Service, shot and killed Kollin Elderts in a Waikiki McDonald’s in 2011.

Special Agent Christopher Deedy was acquitted of murder in 2014, but could face a third trial for manslaughter.
Special Agent Christopher Deedy was acquitted of murder in 2014, but could face a third trial for manslaughter. PF Bentley/Civil Beat/2014

Deedy has stood trial twice for Elderts’ death. The first trial in 2013, for second-degree murder, ended in a hung jury. Jurors in that trial was not allowed to consider the lesser charge of manslaughter.

In Deedy’s second trial, Deedy faced charges of second-degree murder and manslaughter. The jury acquitted Deedy of murder, but hung on the manslaughter charge.

The judge in Deedy’s case ruled that prosecutors could bring Deedy back for a third trial on the manslaughter charge, but Deedy’s lawyers appealed. Details about the appeal and the arguments from both sides regarding double jeopardy are posted on the .

Civil Beat recently published a about the case in partnership with Public Radio Exchange. The series also examines national issues surrounding use of force, Hawaii history and race relations.

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