A McDonald’s customer said he momentarily thought he had prevented a fight in the Kuhio Avenue restaurant one early November 2011 morning when he was able to pull Shane Medeiros aside and tell him that off-duty U.S. State Department Special Agent Christopher Deedy was drunk and wasn’t going to fight.
That was before Deedy responded, "I’m not f—–g scared of you," said former Kaneohe Marine Alexander Byrd.
Byrd was in the restaurant when Deedy fatally shot Medeiros’ friend Kollin Elderts on Nov. 5, 2011. He testified in Deedy’s murder retrial Tuesday in state court.
Deedy, 30, is on trial for murder a second time because his first trial last year ended with a hung jury. He claims he shot Elderts, 23, in self-defense barely 12 hours after arriving in Honolulu from Washington, D.C., to provide security for the Asia-Pacific Economic Cooperation summit.
Byrd, who now lives and attends college in New Jersey, said when he walked into the Waikiki restaurant, Deedy and Medeiros were arguing. He said Deedy was swaying, slurring his words and appeared to be having a hard time keeping his eyes open.
Other witnesses who saw Deedy in the restaurant said Deedy’s eyes were glassy and that he appeared unsteady on his feet.
After Deedy’s remark to Medeiros, Byrd said, Medeiros argued again with Deedy, with Elderts joining in. He said at one point during the arguing, he heard Deedy mumble something about shooting Elderts in the face.
When the arguing grew louder, Byrd said he went up to Elderts to try to dissuade him from fighting. As he was facing Elderts, Byrd said he saw Elderts react to something and end up holding onto a slipper.
Medeiros had earlier testified that Deedy kicked Elderts in the waist.
Byrd said he didn’t see the kick. He said Elderts "started freaking out" and threw down the slipper.
He said Deedy’s friend Adam Gutowski then rushed Elderts, who was able to push Gutowski aside. When Gutowski got up, Byrd said, Medeiros tackled Gutowski.
Byrd said Elderts rushed and punched Deedy, knocking him to the ground. He said Elderts then went to help Medeiros, who was grappling with Gutowski. Byrd said he saw Elderts kick Gutowski.
When Deedy got back up on his feet, Byrd said Deedy yelled at Elderts, "I’m going to shoot you in the f—–g face." He said Elderts responded, "You going to shoot me, bro?" and walked toward Deedy. Byrd said that’s when Deedy drew his gun and started firing.
Byrd said he went for cover behind the Happy Meal toy display. He said when the shooting stopped, Deedy and Elderts ended up on the floor right next to him.
Former Honolulu Police Department homicide Detective Ted Coons also testified Tuesday.
In anticipation of Deedy’s and other defense witnesses’ testimonies, prosecutor Janice Futa asked Coons questions about when it is appropriate for a law enforcement officer to use deadly force.
Defense lawyer Thomas Otake said in opening statements that when Deedy shot Elderts, he relied on his training as a federal law enforcement officer and did what he was supposed to do when confronted with someone attempting to take his firearm.
Coons said it is OK for a law enforcement officer to use deadly force when the officer or others are at immediate risk of death or serious bodily injury. He said when making an arrest an officer should use the minimum amount of force reasonable and necessary and can avoid using force altogether by assuming a commanding presence to take control of a situation.
When an officer is not in uniform, Coons said, he should announce himself as a police officer loudly and sternly and show his badge.
