HONOLULU (HawaiiNewsNow) - The city prosecutor says he'll seek a third trial against the State Department special agent who fatally shot a man inside a Waikiki McDonald's in 2011.
Prosecutor Keith Kaneshiro said he'll seek a manslaughter charge against Christopher Deedy.
The announcement came hours after the state Supreme Court ruled Thursday that a third trial against Deedy could proceed.
"Let's remember there was a victim in this case who was killed and we will pursue this case until justice is achieved," Kaneshiro said.
Meanwhile, Deedy's attorney says he plans to appeal the Supreme Court ruling to the federal courts.
"We're committed to making sure there will never be a third trial in this case," said attorney Thomas Otake. "It is just wrong to continue to try somebody time and time and time again until you get the result you want."
Six years ago, Deedy was in Hawaii as a U.S. State Department agent participating in the APEC summit when he fatally shot 23-year-old Kollin Elderts during an altercation inside the McDonald's.
Deedy argued he shot Elderts in self-defense, but prosecutors said he was drunk and instigated the confrontation.
Deedy's first trial ended in a mistrial, and he was acquitted of second-degree murder during a second trial, in which the jury was deadlocked.
Otake said the issue of a third trial could ultimately go to the U.S. Supreme Court.
That process could take years, but Kaneshiro declined to speculate on a timeline in the case. He also said it "is not unusual" for prosecutors to seek a third trial.
Meanwhile, Otake said he and his client are "obviously disappointed" in the Supreme Court ruling.
He added that the idea of a third trial is "misconduct of the worst kind."
"We're confident the federal courts will see it that way."
Deedy, 32, is still working for the State Department. He remains free on bail.