HONOLULU — As George Zimmerman’s second-degree murder trial for the killing of Treyvon Martin crawls to a close in Florida, Hawaii is in the midst of its racially charged murder trial.
Claims of self defense and the right to bear arms are central in both cases.
Zimmerman, a 29-year-old Hispanic who headed the neighborhood watch patrol in his Sanford, Fla., community, maintains he shot and killed the 17-year-old Martin, who was black, in self-defense. Immediately after the shooting, Zimmerman was accused of targeting Martin because of his race, and Florida’s conceal-carry law came under intense scrutiny.
In Hawaii, U.S. State Department Agent Christopher Deedy is on trial for killing 23-year-old Kollin Elderts following a confrontation at a fast-food restaurant. The second-degree murder trial started on Monday in Honolulu’s First Circuit Court.
Immediately after Deedy, a 29-year-old Arlington, Va., resident, shot and killed Elderts, a local minority, on Nov. 5, 2011, racial tensions flared, as did the debate over whether Deedy should have been allowed to carry his weapon while he was out drinking.
Deedy was in Hawaii with the U.S. State Department’s Bureau of Diplomatic Security to protect dignitaries including Secretary of State Hillary Clinton and President Barack Obama during the Asia Pacific Economic Cooperation conference, an event that attracted 21 world leaders and 20,000 participants from Nov. 7-13, 2011.
At 2:30 a.m. on Nov. 5, Deedy clashed with Elderts in a Waikiki McDonalds restaurant after both had been out drinking with friends.
According to Deedy’s defense attorney Brook Hart, Deedy witnessed Elderts harassing Michel Perrine, another customer in the McDonalds restaurant.
“While at the cashier counter, Elderts began to verbally harass Perrine using racial slurs. Perrine asked Elderts to leave him alone, not to single him out, and stated words to the effect that he was a ‘local,’” a defense filing said.
There was a brief but escalating brawl that involved Deedy and Elderts and their friends inside the restaurant.
In court on Monday, the prosecution and defense told different versions of what came next.
Honolulu Deputy Prosecutor Janice Futa said: “The defendant is up and draws from his right rear hip area the gun. Kollin turns around and sees him and the defendant within three feet of Kollin Elderts and fires his gun. He misses. Kollin, now having been shot at by the defendant, lunges toward him reaching for the gun. They grapple in front of the counter and then two more shots ring out. After the shots, Kollin falls on top of the defendant onto the floor. The third bullet was fired. After the third bullet was fired, the gun jams.”
Defense attorney Hart said: “The evidence will show that he used a number of measured steps to try to sway Mr. Elderts, and Mr. Shane Medeiros (Elderts friend) for that matter, from their violent assault.”
Hart said the slur- and profanity-laced exchange between Elderts and Perrine got Deedy’s attention.
“These are now fighting words,” says Hart. “This is a threat of violence. This is what Deedy is trained to perhaps respond to, although he wasn’t here to respond to the laws of harassment or bullying. He’s a federal agent and his job is to serve the community.”
Hart said Deedy showed Elderts his State Department badge and credentials and Elderts responded: “What, you gonna shoot me? You got a gun? Shoot me. I’m gonna gut you.”
The prosecutor has painted Deedy as an inexperienced agent who consumed alcohol against State Department policy while carrying a firearm and “stuck his nose” into a situation in McDonalds “that was not his business.”
However, Hart said the defendant was not drunk and showed the jury video of him being arrested to bolster his claim.
Hawaii has a concealed-carry law, but typically only law enforcement officers and retirees are issued permits. However, Hart maintained the U.S. State Department authorized Deedy to carry a weapon at all times.
Deedy sustained several injuries to his face including a broken nose and pummeled jaw, which Hart said backed up Deedy’s claim that he drew his firearm in self defense. Deedy was taken to the hospital after complaining about his injuries. However, Deedy refused to take a blood-alcohol test.
A city autopsy report showed Elderts consumed marijuana and cocaine before he died and had an alcohol blood level of 0.12, well above the state’s legal limit for driving of .08.
He also had previous run in with the law, according to public records. In 2008, Elderts was charged with disorderly conduct, and in 2010, he was charged with a petty misdemeanor for operating a vehicle under the influence of an intoxicant.
The well-publicized trial is expected to take several weeks and could include as many as 100 witnesses.
The prosecutor warned in her opening statements that witnesses will offer different versions of what occurred and some, at that time of morning, were under the influence of alcohol. The prosecutor also said the surveillance videotape from McDonalds of the incident was “frustratingly fuzzy.”
HawaiiReporter.com joined Hawaii News Now and the Star Advertiser last year in a motion to view the McDonald’s surveillance tape of the shooting, but Circuit Judge Karen Ahn sided with the prosecutor who said pretrial publicity of what was on the tape could prejudice the jury and denied the motion. The defense also wanted the tape released.
The judge also sided with the prosecutor against Deedy on several other motions including his request to move the trial to U.S. District Court and to dismiss the case.
Outside the Honolulu courtroom, a group calling itself World Can’t Wait organized a protest demanding “justice” for Elderts. The group, which holds events in several cities, said on its website it aims to “stop the crimes of your government” and details their opposition to Deedy here.
Racial tensions have been brewing since shortly after the 2011 shooting, showing up in news interviews, letters to newspaper editors, court documents and protests.
Protesters from the World Can’t Wait group compared the case to that of the Trayvon Martin’s killing, claiming in Hawaii, a white agent attacked and killed a local minority.
It took prosecutors about 10 days to charge Deedy with second degree murder when, by the prosecutor’s own admission, there were more than 100 witnesses reporting different versions of the shooting.
Meanwhile, the debate over whether Deedy targeted Elderts for racial reasons or whether he should have used his firearm to defend himself and others continues both in and out of court.
Just like the George Zimmerman trial, in the end, it is the jury that must decide whether Deedy was justified in using lethal force.
Elderts supporters include family, friends and protesters who have followed Deedy to and from the courthouse.
Supporters of Deedy have launched a website, DeedySupport.com, in his defense.
The website says “Law enforcement officers should not be treated like murders when they protect the public.”
May eternal peace be with this Kanaka from Kailua and his mother who chose to follow him.
Well, the bias in the Honolulu courtroom has been palpable. The judge, Karen Ahn clearly favors the prosecution. Could it be that he former law clerk is on the prosecution's team, or is it just her own bias? The lead prosecutor, Futa, is one nasty piece of business. She jumps up to "object" at almost every question, which is making cross examination of the state's witnesses take three times as long as it should. Defense attorney Brook Hart, on cross examination of state witnesses, is clearly allowed to "lead" a little and to be a little argumentative. Never the less, with Futa's objections, the judge's response is almost always "rephrase", which is a huge waste of time. It leads to the observation that the state is not in search of the truth, which is what a trial should be, particularly from the standpoint of the state, but rather what facts and information for the jury can be excluded. Then, with the judge telling Hart to just take his problems up on appeal, it leaves the impression that she fully expects Deedy to be convicted. These are pretty sorry proceedings.
Guest, you seem to have experience in the criminal justice system. However, it surprises me you hadn’t noticed the decided bias by judges for the police and the statutes that support them. (I’m not saying I agree with this bias) It appears Ahn is fairly confident with the proceedings thus far and letting Esq. Hart know she’ll not be intimidated with an appeal.
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"Guest",
Perhaps the Judge is a little biased because the prosecution's case seems so strong. Perhaps Judge Ahn is (like most sane people) terrified that a federal agent could act so ridiculously irresponsible. Perhaps she is taking her role as a person who is charged with protecting the public seriously, unlike Deedy.
You clearly know nothing about how our legal community functions here. EVERY SINGLE circuit court Judge gets a new clerk EVERY SINGLE YEAR, if not more frequently. Do the math…A Judge is a Judge for a reason. Judge Ahn is more than capable of looking at this case and seeing how strong it is for the State without having to be biased because Mr. Sapolu was her clerk years ago.
You also commented on Ms. Futa's constant objections, again proving that you have absolutely no legal knowledge. Do you think she wants to object to every question? Because the defense has a very weak case, the defense attorney has decided to ask improper questions and basically act unethically because he can't follow the rules. The defense attorney's actions were so bad, in fact, the Judge had to scold him (yes like a child) regarding his improper questions. She was forced to do this both in front of the jury and again after the jury was dismissed. In the courtroom there are rules that are in place to make sure EVERYONE's rights are protected, including the Defendant's rights. Believe it or not, Ms. Futa's responsibility is to protect the rights of EVERYONE, including Deedy. Her objections are to make sure the defense attorney does his job correctly so as not to infringe upon the Defendant's right to have an effective attorney. Since the defense attorney can't do his own job, the prosecutors are forced to do it for him and object.
I hope you and everyone else keeps in mind that this boy was someone's friend, child and brother. Deedy, drunk and overwhelmed by the abundant power he had amassed in his mind, took all of that away. That could have been your friend, child, or brother dead. "Special Agent" Deedy went from a protector to a predator the moment he chose to drink with his firearm.
Steph, I disagree in part with your conclusions. I don’t agree “ from a protector to a predator the moment he chose to drink with his firearm.” I don’t agree Mr. Deedy was any kind of protector except for the U.S. See my prior postings. I don’t agree drinking with an arm is particularly onerous. Although, I’ll agree fully, it isn’t recommended and advisable not to mix the two.
there were a lot more problems that week, with federal terrorists running every possible crime against the public they could come up with. Not to mention the illegal weapons they deployed against the entire community and continue to abuse.
Were did you get this info? Was it B.O.'s orders? Would he terrorize his own birthplace?
I do know that APEC conference did not present any Global political organizations/powers campaigning for positive changes to avoid conflicts or achieve peace, only about control, economics’ lobby, how oil is what nations have wars for and Negotiating power/Control over resources from indigenous people who historically; own the land first.
It seems that everyone here wants to jump on the "prosecute the agent" merry-go-round. It also seems that everyone forgets that Elderts was already instigating a white person with racially and antagonist, threating verbalization. But to "local" people that is okay, and that all "haole" people should just walk around with our head down in fear of local retribution. The prosecution also seems to believe that Elderts behavior was acceptable, proving racism in our local court system. Had Deedy not intervened Elderts and Maderios would have followed and beaten Perrine just because he is white. I also believe that had Deedy not shot Elderts he would have been severely beaten by the two as well. Is it not common practice for "locals" to stomp on people when they have had a fight? Most normal people, meaning non-confrontational individuals with any level of intelligence who are shown a badge of a law official would comply..but then again, if you are coked-out local with a racist attitude who "likes to beef"..you will probably get shot
are you for real? dang you just making things up as you go huh? Elderts was siting down dummy, and so was Perrine, who testified that he didn't feel threatened at all oh and since when is the H word a crime punishable by death? Deedy instigated the fight and went over to Elderts and told him that he was going to get shot. The way this case is looking Elderts is defending himself against that stupid Haole agent. he and his friends thought they were Billy bad asses but guess what? NOT! AND NOBODY CARES WHAT YOU BELIEVE! YOU ARE FULL OF SHIT! talk about locals being racist, look in the mirror.
Guest, there are other ways to take this verbalization between the parties. The initial wht man may not have perceived the conversation as threatening or intimidating. Perhaps Mr. Deedy did perceive it that way. I do agree local folk have a chip on their shoulder and perhaps push too strongly the altitude of disfavor against those they consider a foreigner. I’m not making excuses for local folk. I believe they are disparaged by the fact they were disenfranchised by the foreigners and citizens disloyal to the monarchy. In this, they are confused and take it out on the wrong people who had nothing to do with this predicament. This bad behavior is not cause for a Fed. agt. to kill the misbehaver. It is pure speculation to hold Eldert and Maderios would have beaten Perrine. Beside in American jurispurdence one cannot be allowed to a preemptive strike. One simply cannot shoot Eldert because he is suspected to follow up and beat another. There was once a time when the average red blooded American would challenge every badge toting individual for his probable cause and authority. It makes me sad what that once proud, free and brave man has been transformed into a sniveling Nazi saluting subservient person.
Being Special Agent in Washington does not qualify you as an authorized office in Hawaii. It's apparent that you took the wrong approach to this very avoidable tragedy. Even Deedy's friend repeatedly tries to stop Deedy the murderer. Check 26:35 of this video https://www.youtube.com/watch?v=K_CDhTH_EgE
Better wait to see how these other witnesses testify. Viewing the video is one thing, hearing what the witnesses say about what they were, or were not doing is another. The facts have not been put in evidence.
Looks like his girl friend was trying to save Elderts from her own friend Deedy! Ironically that is what Deedy's defense is trying to say how Deedy tried to protect Pierre.
Perriene was so drunk he didnt even here the guns shots or know there was a fight going on.
If Deedy was protecting Pierre, ironic that Pierre is a clueless drunk.
KHON2 reported; "The defense points out that Perrine had a lot to drink that night and questioned his memory. He admitted he drank three shots of tequila and a pitcher of beer. The attorney brought up Perrine’s initial interview with a police detective right after the shooting, and he said he never saw Elderts and Deedy fighting, even though he was right there.
“I was so jumbled up that night with everything that was happening…."
More at: https://www.khon2.com/2013/07/11/man-in-middle-of-…
Although similar, there's a difference between Zimmerman and Deedy cases, Deedy case has actual video and in person witnesses. Zimmerman's case did not. Don't assimilate the two too closely.
Agree…but are the major media moguls going to report facts or dramatize it to the nation?
Wait & see, but I think the m/m/m's gonna make us locals look ugly.
To me, this case is similar to the Zimmerman trial not for racial reasons, but because it brings up whether an armed person can kill another person when the altercation going on is "elective". Meaning, the guy could have walked instead of fired his gun. In terms of mood, my neighborhood (Waikiki) was one big case of road rage, that even extended to pedestrians. That conference trashed our ability to move around, to shop, to live our lives. There was as level of anger rampant just over that.
This "mood" is a neverending cycle of arrogance by both sides. Remember Hanohano, who is native Hawaiian, wanted native Hawaiian art in her office, but her staff had already selected artwork without realizing her preference. Hanohano then lashed out at the exhibition experts who had worked diligently with her staff to ensure she had the artwork she wanted.
The House Majority press office then issued a written statement on Hanohano’s behalf saying she was sorry if she offended anyone when she told the art specialists as they hung paintings her staff selected that she did not want art produced by "Haoles, Japs or Pakes." (Caucasians, Japanese and Chinese).
Go to;//www.hawaiireporter.com/non-apology-apology-is-rep-hanohano-really-sorry-for-her-racist-rant/123
Thanks Nancy, I live in Kalihi so I did not feel so much of an impact of APEC gives me a new perspective of what it was like for Waikiki residents. and I agree with your post. Thank you for not making this a race issue.
Nancy: ever see the tv program "what would you do?". If it was you or your family member that Elderts and Medeiros were picking on would you want someone to just walk away? What would you think of a law enforcement person who just walked away? Just asking.
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