HONOLULU (AP) — A Hawaii judge says jurors in the retrial of a federal agent charged with murder in a Waikiki shooting will get to consider a lesser manslaughter charge.
Judge Karen Ahn on Friday rejected State Department Special Agent Christopher Deedy's motion to not allow jurors to consider manslaughter when they begin deliberating next week.
Jurors who deadlocked last year weren't allowed to consider the lesser charge.
Deedy says he intended to kill Kollin Elderts in self-defense during an altercation in a McDonald's restaurant in 2011.
Ahn says that new evidence has emerged in the current trial, including that a bystander ran away because gunshots were flying that didn't hit Elderts.
Elderts' parents criticized prosecutors last year for not asking for manslaughter.
Prosecutors maintain that the evidence in the case supports murder, not manslaughter.