The jury in the Christopher Deedy murder retrial completed 4 1⁄2 days of deliberation Wednesday without reaching a verdict.
On Monday, jurors sent the court a note, according to court minutes.
Circuit Judge Karen Ahn sent them a response after discussing the note with the opposing lawyers by telephone. Ahn has yet to place in the record the content of the note or her response.
Jurors will return to court Thursday.
Deedy, 30, a U.S. State Department special agent, is on trial for murder for fatally shooting 23-year-old Kollin Elderts in a Waikiki McDonald’s restaurant in November 2011.
Deedy is assigned to the nation’s Capitol but was in Hawaii to provide security for the 2011 Asia-Pacific Economic Cooperation meeting. He was off duty at the time of the shooting.
Deedy claims he shot Elderts to protect him and his college roommate, Adam Gutowski, from further assault at the hands of Elderts and his friend, Shane Medeiros.
He also said before the assault he showed Elderts and Medeiros his badge and told them he was a law enforcement officer.
The state claims that Deedy did not identify himself as a law enforcement officer before starting the fight that resulted in him shooting Elderts. The state also claims that Deedy was drunk at the time.
This is the second time he has stood trial for murder in state court for Elderts’ death.
His first one last year ended in mistrial after the jurors said they were unable to reach a unanimous verdict. Their choices were limited to guilty of murder or acquittal.
In the current trial, Ahn gave the jurors the option to consider two types of manslaughter and two different assault charges as well as murder.
