- Associated Press - Tuesday, June 24, 2014

HONOLULU (AP) - A Hawaii judge has rejected a federal agent’s attempt to dismiss a murder charge against him.

State Department Special Agent Christopher Deedy is facing a retrial for a 2011 shooting inside a Waikiki McDonald’s that killed a man.

His lawyers filed a repeated motion to have the case dismissed based on a claim Deedy was acting as a law enforcement officer and is immune from prosecution.

Defense attorney Thomas Otake and the Honolulu prosecutor’s office say Circuit Judge Karen Ahn denied the motion to dismiss during a hearing on Monday.

Deedy’s first trial ended with a deadlocked jury last year.

Meanwhile, jury selection in Deedy’s second trial continues. Jury selection is expected to last several weeks.

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