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Hearing set on request to dismiss murder charge against federal agent

By Ken Kobayashi

POSTED:
LAST UPDATED: 05:31 p.m. HST, Oct 22, 2012


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.







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fairgame947 wrote:
After spending time in a night club, imbibing with a loaded gun, I wouldn't say he was performing "official duties"!
on October 22,2012 | 03:15PM
Mythman wrote:
Conceal carry plus Stand your Ground plus federal supremacy adds up to not murder. Come on now, let's observe law and not show hate for this man because he killed a local punk who happened to try to beat up the wrong guy for a change.
on October 22,2012 | 05:18PM
bumba wrote:
Agree.
on October 23,2012 | 03:20AM
RetiredWorking wrote:
I don't hate the FBI agent. I don't think it's right for a an offduty, armed law enforcement officer to approach anyone and kill them in McDonald's restaurant. What makes you say the victim's a local punk? Did you know him?
on October 23,2012 | 10:25AM
false wrote:
I'd like to see what the security tape has on it.
on October 22,2012 | 03:23PM
saveparadise wrote:
For the time being the security tape should only be viewed by judge and jury. Due process for a fair trial is crucial. Look at all the opinions formed with so little knowledge of the actual events. Why do people except news reports as fact?
on October 23,2012 | 10:06AM
bigfish wrote:
Has nothing to do with performing his duties. It's just another ploy by his attorney to drag the case on for years and dodge justice. Making a fool of Hawaii's justice system and our judges is something that has made these attorneys millions. Sad state of affairs for our judicial system.. January? Why not tomorrow?
on October 22,2012 | 03:27PM
sak wrote:
No mention has been said "YET" about Deedy's Blood Alcohol Count on that evening he was introduced to some Local Boyz with Attitudes.
on October 22,2012 | 05:25PM
saywhatyouthink wrote:
Defence team offers the tape and requests a dismissal, prosecutor wants to withhold video for some unknown reason. My money is on the dismissal, the tape will show Elderts brought about his own death with stupid actions.
on October 22,2012 | 08:04PM
bigbud808 wrote:
So What Bruddah agent don't know how self defend using his hands, he nevah learn?.. The major point here is drinking ALCOHOL and using a GUN in PUBLIC doesn't cover anything legal.What if you daughter or son was killed accidentally because of the confrontation? Would you blame the local who was talking attitude or the one who fired the gun?
on October 22,2012 | 10:35PM
bumba wrote:
Bruddah agent didn't have to defend himself with his hands. He had a gun. Bruddah stoops picked on the wrong guy. Deedy's the good guy here.
on October 23,2012 | 03:23AM
RetiredWorking wrote:
@ bumba. Good guy for confronting, then firing three times killing an unarmed man in a public restaurant. One shot killed the victim of stupid actions, two errant bullets could've killed innocent bystanders. Deedy a good guy? Really?
on October 23,2012 | 10:29AM
Shh wrote:
NO WAY! He killed someone so he has to face the consequences! No one should get away from killing another person!
on October 23,2012 | 08:04AM
residenttaxpayer wrote:
If Deedy was so called performing his official duties as attorney Hart claims..then why hasn't the Justice Department stepped in and represented Deedy instead of having to hired a private attorney instead. Because he wasn't acting within his official capacity as a goverment agent and didn't have qualified immunity at the time of the incident. Otherwise HPD wouldn't have filed charges against him.
on October 23,2012 | 09:06AM
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