HONOLULU (KHON2) — There could be a third trial for federal agent Christopher Deedy after a federal appeals court gave the okay on Tuesday, July 13.

Deedy shot and killed Kollin Elderts inside a Waikiki McDonald’s 10 years ago.

The two had gotten into a fight, and Deedy said he shot Elderts in self defense.

Deedy’s 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.

The 9th circuit said only assault charges could be retried two years ago.

Last summer, prosecutors were rebuffed when they tried appealing to the Supreme Court to get the go-ahead for manslaughter instead.

Deedy lost his bid against any further trials based on the 9th circuit opinion just handed down.

KHON2 asked the state attorney general’s office and prosecutor’s office if they intend to pursue the case.

A spokesman for Steve Alm said they’re reviewing the opinion and declined to comment.

Deedy’s attorney said “Continued prosecution at this point is unreasonable, unjust, and malicious. …We also call upon Mr. Alm to do the right thing here, and not blindly follow the direction taken by his predecessor.”