Christopher Deedy’s third trial could be put on hold.
His attorney last week filed a motion asking the federal court to prevent the state from taking him to trial again, claiming double jeopardy.
Deedy, a federal agent, is accused of fatally shooting Kollin Elderts at a Waikiki McDonald’s in 2011.
His first trial ended in a mistrial. The second time around, he was found not guilty of murder, but jurors could not agree on the lesser charge of manslaughter.
His third trial is scheduled for October 15.