Jurors in the second-degree murder trial of Christopher Deedy say they are unable to reach a verdict in the case.

Deedy, 29, is the U.S. State department special agent who has been accused of murdering a Kailua man in a Waikiki McDonald’s in Nov. 2011.

Deedy says he shot Elderts in self defense; prosecutors say he was drunk and shouldn’t have been armed.

The 12-member jury has been deliberating more than five days and on Monday told Judge Karen Ahn they could not reach a unanimous verdict. 

Defense attorney Brooke Hart implored Ahn not to let the jury come back “hopelessly deadlocked.” That could mean a re-trial in a case that already has seen more than a month of testimony and nearly a week of deliberations.

At 3:30 p.m., numerous attorneys were crowded around Judge Ahn at the bench. The jury had not come into the courtroom.

The judge declared a mistrial just after 4 p.m. She suggested a new trial be set for next summer.

Photo: KITV.com screenshot

— Patti Epler