HONOLULU (AP) - The federal agent charged in a fatal shooting at a Waikiki McDonald's restaurant claims he was performing his duties as a law enforcement officer and is immune from prosecution.
Christopher Deedy's lawyer is seeking to dismiss the case or delay the murder trial scheduled for September.
Prosecutors are asking that the motion be sealed.
Deedy was in Honolulu to help with security for the Asia-Pacific Economic Cooperation summit. The 27-year-old claims he was protecting himself and others when he shot Kollin Elderts on Nov. 5.
In December, a judge allowed Deedy to return home to Virginia to await trial.
The Honolulu Star-Advertiser first reported Thursday that Deedy's attorney filed documents detailing his version of events.
The motion to dismiss has been removed from the court file, pending the prosecution's request.