BY JIM DOOLEY – Federal agent Christopher Deedy “appeared intoxicated and was slurring his words” when he fatally shot Kollin Elderts during an altercation last year inside a Waikiki fast food restaurant, according to prosecutors.
Deedy “ended up at McDonald’s after a night of drinking” and shot Elderts, 23, during a violent early morning argument November 5, 2011, according to a court memo filed by Deputy Prosecutor Jan Futa.
Deedy’s defense lawyer, Brook Hart, has argued for dismissal of the case on the grounds that the shooting was a justified use of force and that Deedy acted in his capacity as a federal law enforcement officer.
Hart declined comment on Futa’s memo today, saying he was unable to discuss the case outside of court but will file a written response by the end of this week or early next week.
“Everybody will be able to judge then whether there was any inebriation,” Hart said.
Futa’s memo said that Deedy “was not at McDonald’s pursuing any official duties.”
Deedy and two friends had been “bar-hopping” that night, first in Waikiki, then in downtown Honolulu and then at two more bars in Waikiki, Moose McGillicuddy’s and Coconut Willy’s, according to Futa.
Deedy purchased a round of drinks at the latter two bars before he and his friends set off for another bar, Nashville, stopping first for food at the McDonald’s restaurant on Kuhio Avenue, the memo said.
A security officer with the U.S. State Department, Deedy was carrying his 9 mm Glock handgun. Futa said carrying a service weapon while consuming alcohol is prohibited by State Department rules.
Deedy and Elderts became involved in a verbal confrontation inside McDonald’s.
A U.S. Marine, Alexander Byrd, was in the restaurant and “attempted to break up” the exchange between Deedy and Elderts, according to Futa.
Deedy “appeared intoxicated and was slurring his words,” Futa’s memo said.
“During the argument, (Deedy) told Elderts that he had a gun and he would shoot Elderts in the face,” the prosecutor said.
The two men grappled with each other and exchanged blows. After Deedy was knocked to the floor by a punch to the face, he drew his weapon and fired three rounds, said Futa.
One bullet “narrowly missed a customer” and struck a wall. The second hit another wall and the third struck Elderts in the chest, Futa said in the memo.
“At no time was defendant heard to identify himself as a law enforcement officer or federal agent,” the memo said.
“Rather than leave the restaurant or attempt to mollify the situation, (Deedy) escalated the altercation from physical to deadly,” the prosecutor said.
“Defendant’s wanton and aggressive conduct that preceded him shooting Elderts further highlights the
unreasonableness of his use of deadly force,” Futa said in the memo.
Hart’s motion to dismiss the indictment of Deedy is scheduled for argument before Circuit Judge Karen Ahn in January.
Hart has repeatedly argued that a McDonald’s surveillance videotape of the shooting will show that Elderts was the aggressor and that Deedy displayed his law enforcement credentials before he was physically attacked by Elderts.
Judge Ahn has sealed the videotape from public view, arguing that disclosure of its contents could prejudice prospective jurors in the murder case.
Hart has not discussed his client’s alcohol consumption the night of the killing. Deedy declined to submit to alcohol testing after he was taken to a hospital for treatment of injuries received during the fight with Elderts.
Elderts and friend Shane Medeiros had been drinking in downtown Honolulu before they arrived at McDonald’s at 2:30 a.m., Futa said in her memo.
An autopsy showed Elderts was legally drunk and had used cocaine and marijuana before he died.
Mr. Elderts had a history of beating up on the tourists, Whites and military members. He took on a wrong guy and paid with his life. End of story. Mr. Futa is representing racist Democrat party in their endless pursuit to turn every day into Kill The Haole Day that the Democrats instituted in public schools in Hawaii ages ago.
U stupid Haoles
what a bunch of illiterate assholes kollin was half white you idiots why would he be prejudice of his own kind. yes this is his auntie erin telling you this. kollins mother my sister died of grief last december over this unproffesional act of conduct displayed by DEEDY.
That's messed up! Don't even talk about a young innocent man's life like that.
Deedy was COMPLETELY out of line and clearly was not qualified mentally to be in the federal position he held.
Whats Democratic got to do with this haoule thing, nothing? Sounds like your a stupid Repulicon, yeah, thats it.
Whereas I don't know if I could blame the Democrats for this, Elderts did pick on the wrong haole this time.
The CCTV recording will tell the whole story, along with the witnesses.
Wonder why Elderts, Miske, & Kaneohe's gang bangers are headlines.
Godfather Mufi must be upset by now.
Selling M club off before trial begins.
BTW, is Miske still co-owner of the termite business?
Cocaine, and Mary Jane in his system, model citizen, death by grief, grief that he died or grief that he was a low life? Wrong fight, wrong time.
Something is wrong with this website, cant read it in chrome – everything is ok in firefox… also I cannot add this comment 3rd time now.. Hope its gonna work now.
[…] These laws, however, did not prevent the death of Kollin Elderts, who died at the hands of an off-duty federal agent in town during APEC. With the trial of Christopher W. Deedy moving along, I think it is important to reflect on some […]
[…] verdict, which many felt was unjust, and the recent declaration of a mistrial in the contentious Deedy case here in the islands, questions surrounding the sustainability of America’s gun culture have […]
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