U.S. District Judge Derrick K. Watson denied a request by U.S. State Department special agent Christopher Deedy to block the state from prosecuting him for manslaughter pending a decision on whether his constitutional rights would be violated, but the judge said Wednesday that he expects to rule well before trial in October.

Deedy claims that standing trial for manslaughter after having been acquitted of murder for fatally shooting Kollin Elderts in 2011 would violate the protection against double jeopardy in the U.S. Constitution.

Deedy’s lawyer Thomas Otake asked Watson to order the state court to put the trial on hold pending a decision. Watson denied the request.

Trial judge Todd Eddins rejected the same request last month.

According to the schedule of deadlines Watson set for the filing of legal arguments for and against Deedy’s constitutional claim, the state will get the last say on June 20, after which Watson will decide whether or not to hold a hearing.

Watson said that should give him plenty of time to issue a ruling before October, as long as there are no changes to the schedule. If there are any changes that could affect his ability to issue a ruling before the start of the trial, he said Otake can renew the request for a stay or he may order one without a request.

Deedy, 33, has already stood trial twice for the November 2011 fatal shooting in a Waikiki McDonald’s restaurant.

The first trial ended with the jurors deadlocked 8-4 in favor of finding Deedy not guilty of murder. The jury was not given the opportunity to consider any other charge.

The second trial ended with the jurors deadlocked 7-5 in favor of finding Deedy not guilty of manslaughter. At Otake’s request, state Circuit Judge Karen Ahn acquitted Deedy of murder. She also ordered a third trial for manslaughter.

Deedy filed a federal petition earlier this month claiming that a third trial would violate his guarantee against double jeopardy after the Hawaii Supreme Court rejected all of his double-jeopardy claims and said it was OK for Ahn to order a third trial.

Otake said the trials have drained Deedy financially.

“He is at the point where if there is a third trial, he may have to ask the (state) court to pay for his litigation expenses,” Otake said.