otake is wrong about the manslaughter charge in the second trial - it was deadlocked.  If that was the only charge, it would have gone to another trial.  there is no double jeopardy with respect the manslaughter charge, it has not been settled.  hence, another trial should proceed.  in regard to deedy's carrying a gun while intoxicated, it was his agency's policy that it was forbidden, so he was clearly wrong on this issue.  further, he had no right to intervene between elderts and the other customer.  elderts had no weapon, he was not threatening him with bodily harm; he merely was joking around.  the customer had testified that he was not scared of elderts and felt he posed no treat to him.  hence, deedy's intervention based on his own erroneous thinking and trying to act "big" because he had a weapon, caused eldert's death unnecessarily.  due to his intoxication he should have called HPD and not take matters into his own hands, there was no imminent danger to anyone.