HONOLULU (KHON2) — The U.S. Supreme Court will not hear a motion tied to the trial of federal agent Christopher Deedy.

Deedy shot and killed Kollin Elderts inside a Waikiki McDonalds in 2011. 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.

Prosecutors have been pushing for a third trial, but Deedy’s attorneys say that violates the double jeopardy clause.

[RELATED: Federal appeals court weighs if Deedy can be tried 3rd time in death of Elderts]

Prosecutors called the Supreme Court decision on Thursday, June 25, regrettable, and said it puts an end to their efforts to pursue manslaughter charges.

They said they would continue to pursue a charge of first-degree assault for Deedy.

KHON2 reached out to Deedy’s attorney for comment as well.