Federal agent Christopher Deedy is scheduled to stand trial a third time in the fatal shooting of Kollin Elderts in a Waikiki McDonald’s restaurant.

State Circuit Judge Karen Ahn has tentatively scheduled the trial for September 2015. 

Deedy’s lawyers have until Nov. 28 to file motions to dismiss the case. State case law prevents the government from taking a defendant to trial multiple times with the same evidence until it gets a conviction.

The prosecutor has already said she intends to recommend Deedy stand trial a third time. 

The 30-year-old U.S. State Department special agent was in Hawaii to provide security for the Asia-Pacific Economic Cooperation summit when he killed the 23-year-old Elderts in the Kuhio Avenue McDonald’s restaurant in the early morning of Nov. 5, 2011. He was off duty at the time.

He claims he shot Elderts in self defense and in the defense of his college roommate Adam Gutowski. Deedy testified that Elderts was assaulting him and that Elderts’ friend Shane Medeiros was assaulting Gutowski when he shot Elderts.

Deedy has stood trial twice for killing the 23-year-old Elderts. 

The first trial ended last year with the jury deadlocked. Eight jurors were in favor of acquitting Deedy but four were in favor of finding him guilty murder. Murder was the only charge the jurors could consider for the killing.

In the second trial, which ended Aug. 14, the court gave another set of jurors the option to consider manslaughter or assault as well as murder. The jurors acquitted Deedy of murder but were unable to decide whether or not he is guilty of any other crime for killing Elderts.

If Deedy is to go to trial a third time, it will be for manslaughter and assault.