The Hawaii Supreme Court is getting closer to deciding if Special Agent Christopher Deedy can be tried a third time for the death of Kollin Elderts.

The Supreme Court is scheduled to hear oral arguments Feb. 2 about whether a third trial would constitute double jeopardy.

Deedy, an agent with the U.S. State Department’s Diplomatic Security Service, shot and killed Kollin Elderts in a Waikiki McDonald’s in 2011.

Deedy has stood trial twice for Elderts’ death. The first trial in 2013, for second-degree murder, ended in a hung jury. Jurors in that trial was not allowed to consider the lesser charge of manslaughter.

In Deedy’s second trial, Deedy faced charges of second-degree murder and manslaughter. The jury acquitted Deedy of murder, but hung on the manslaughter charge.

The judge in Deedy’s case ruled that prosecutors could bring Deedy back for a third trial on the manslaughter charge, but Deedy’s lawyers appealed. Details about the appeal and the arguments from both sides regarding double jeopardy are posted on the Supreme Court docket.

Civil Beat recently published a 10-episode podcast series about the case in partnership with Public Radio Exchange. The series also examines national issues surrounding use of force, Hawaii history and race relations.