(AP) — Honolulu’s chief prosecutor has made good on his promise to appeal a judge’s ruling saying a federal agent can’t be tried a third time for fatally shooting a man in a Waikiki fast-food restaurant.

Prosecuting Attorney Keith Kaneshiro appealed Wednesday to the 9th U.S. Circuit Court of Appeals.

A U.S. judge in Honolulu ruled earlier this month that prosecutors may not proceed with a retrial against U.S. State Department Special Agent Christopher Deedy. Within hours, Kaneshiro’s office said it would appeal.