HONOLULU - Federal Agent Christopher Deedy could be heading back to trial.

City prosecutors now have a third chance to convict the man who shot and killed Kollin Elderts inside a Waikiki McDonald's six-years-ago. 

The Hawaii Supreme Court found enough evidence to allow the city to take Deedy to trial again.

Prosecutors will be pursuing a manslaughter conviction this time.

It all stems from the night of November 5, 2011.

The Federal Agent was in a Waikiki Mcdonalds when he got into a fight with Kollin Elderts.

Deedy shot and killed Elderts.

Prosecutors tried Deedy for murder during the first trial.

It ended in a hung jury.

During the second Murder trial, Deedy was acquitted of murder.

The lesser charge of manslaughter was also included the second time around but the jury remained hung on that charge.

City prosecutors will await the trial court's decision on when to schedule a re-trial.     

"We don't put a cost to achieving justice and there's justice to be achieved. You must remember there was a victim in this case that was killed and we will pursue this case until justice is achieved," Keith Kaneshiro, city prosecutor said. 

"We stand by what we've always said, that it is just wrong to continue to try somebody time and time again until you get the result you want especially when it's for a charge of manslaughter where the prosecutor's office has said time and time again on the record and off that they don't have evidence to support it, don't believe it applies and it was not something they were pursuing," Thomas Otake, Deedy's attorney said. 

Otake told Island News Deedy is still employed living on the East Coast..

He was dissapointed with the Hawaii Supreme Court's decision.        

They believe they can put a stop to a third trial.

Otake is prepared to continue their appeals at the federal level, all the way up to the United States Supreme Court if need be.

The City Prosecutor told Island News, even if an appeal is filed, it's up to the trial court here to set the date and Deedy's appeals may not necessarily  affect the courts decision.

Janice Futa will be prosecuting this case.