Honolulu Prosecutor Objects To Feds’ Ruling On A Third Deedy Trial
A U.S. Court of Appeals panel ruled Christopher Deedy couldn’t be tried for manslaughter charges again, but only on assault charges.
The Honolulu Prosecuting Attorney鈥檚 Office on Friday said it will ask a federal court to reconsider its decision that a federal agent who shot and killed a local man during a fight at a Waikiki restaurant can鈥檛 stand trial for manslaughter in what would be a third proceeding to prosecute the agent.
The announcement came after a three-judge panel of the 9th U.S. Circuit Court of Appeals on Thursday ruled the U.S. Constitution鈥檚 double jeopardy clause prevented the state from prosecuting Christopher Deedy for manslaughter in the shooting death of Kollin Elderts in November 2011.
A State Department special agent, Deedy was in Honolulu for an international summit when he shot Elderts at a Waikiki McDonald鈥檚 during a scuffle. The first trial in 2013 resulted in a hung jury. A second jury in 2014 acquitted Deedy of murder but deadlocked on manslaughter.
Before Honolulu Prosecuting Attorney Keith Kaneshiro could bring Deedy to trial a third time, Deedy went to the Hawaii Supreme Court, which rejected his request to prevent another trial.
Deedy then went to federal court, claiming the state鈥檚 manslaughter charge violated his constitutional protection against double jeopardy. A U.S. District Court judge agreed with Deedy, and the state appealed to the 9th Circuit.
Although the appellate court on Thursday said Deedy couldn鈥檛 be tried for manslaughter, it said the state could try Deedy for assault, which carries a sentence of up to 10 years in prison.
On Friday, Kaneshiro鈥檚 office announced it would request a rehearing before the entire 9th Circuit, known as a hearing en banc, in which 11 judges preside.
鈥淭he Hawai鈥榠 Supreme Court ruled that further prosecution of Deedy does not offend the constitution of either the United States or Hawai鈥榠,鈥 Acting Prosecuting Attorney Dwight Nadamoto said in a statement. 鈥淭he panel鈥檚 decision limits the Office鈥檚 ability to hold Deedy responsible to the degree the law permits for killing Kollin Elderts. Accordingly, the Office has a moral and ethical responsibility to request full panel review to correct the panel鈥檚 decision.鈥
Deedy鈥檚 lawyer Thomas Otake did not return a call for comment on Friday.
