The ninth U.S. Circuit Court of Appeals has ruled that federal agent Christopher Deedy cannot be retried in Hawaii for manslaughter.

However, the Star Advertiser reports that Deedy can be tried on the lesser charge of assault.

Deedy was tried twice for shooting and killing Kollin Elderts during an argument in a Waikiki McDonalds in 2011.

The first trial ended with a hung jury.

The next year he was acquitted of murder, but the jury was deadlocked on a manslaughter case.

According to Deedy's attorneys, a third trial could violate the double jeopardy clause in the Constitution.