Circuit Judge Karen Ahn has set Jan. 22 for a hearing on federal agent Christopher Deedy’s request asking for the dismissal of his murder charge in the shooting of a Kailua man at a McDonald’s restaurant in Kailua last year.

Deedy, 28, a State Department special agent here to provide security for the Asia-Pacific Economic Cooperation summit, is accused of murdering Kollin Elderts, 23, in the early morning Nov. 5 shooting.

Defense attorney Brook Hart argues in his dismissal request that the charge must be dropped under the federal supremacy clause, which provides immunity from state prosecution for federal officers performing official duties.

Deedy’s defense is that he was acting protect himself and others at the time of the shooting.

A surveillance video at the restaurant was filed by Hart and attached to the dismissal motion. Ahn earlier sealed the video, which remains confidential.

Deedy’s jury selection and trial is scheduled to start April 2.