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Jury sees McDonald's surveillance video in Deedy trial

By Ken Kobayashi

LAST UPDATED: 08:02 p.m. HST, Jul 17, 2013

A surveillance video showing the fatal shooting scene at a McDonald’s restaurant in Waikiki was played for a Circuit Court jury this afternoon in the trial of State Department special agent Christopher Deedy who is charged with murdering a Kailua man at the fast-food restaurant.

The video frames showed Deedy, 29,  being involved in altercation with Kollin Elderts, 23, but it didn’t clearly show the agent firing three shots, including the fatal one to Elderts’ chest.

The images from the soundless, choppy video are considered a key piece of evidence in determining whether the agent fired the shots in self-defense.

The images came from two cameras taping the counter and the dining room areas.

The prosecution is contending Deedy was driven by inexperience and alcohol when he murdered Elderts. The defense has maintained Deedy fired to protect himself from Elderts who was attacking him and grabbing his gun.

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palolo2001 wrote:
Can we see the video or is it sealed evidence?
on July 10,2013 | 12:56PM
mikethenovice wrote:
Being a macho man only works on Hollywood. In real life, it will land you in jail. Learn to walk away instead to see another day.
on July 10,2013 | 05:26PM
false wrote:
Thats the issue. Deedy chose not to walk away.
on July 10,2013 | 08:01PM
saywhatyouthink wrote:
Why would you expect a federal agent to walk away when 2 local guys are picking on a tourist in Mcdonalds? If anyone should have shut up and walked away, it was Eldert's. You don't argue with law enforcement.
on July 10,2013 | 09:48PM
Mypualani wrote:
Yeah he really looked like the law dressed like that oh and drunk
on July 10,2013 | 10:00PM
inverse wrote:
What is striking with this Waikiki McD's is how SMALL it is in relation to the counter, the chairs, the exit doors, etc. Everyone who enters the McD is "up close and personal" with everyone else, including complete strangers sitting at the table, waiting in line, entering/exiting the restaurant, etc. Human nature as what it is, you crowd people in such close proximity that normally do not associate with each other, add two drunk/high individuals from completely different cultures, BOTH with personal issues such as chips on their shoulders, add a gun or knife and you have this recipe for tragedy.
on July 10,2013 | 01:35PM
Slow wrote:
It was McDonald's fault! Let's go for the deep pockets. Or two intoxicated young men got into it and one had a gun and shot he other. I'd say Deedy guilty with McDonald's as an accessory.
on July 10,2013 | 02:31PM
steveoctober wrote:
Good points. Exact reason theTrain needs to be abolished. No one other than the poor will ride it just for that reason.
on July 10,2013 | 03:52PM
RichardCory wrote:
Wow, perfect logic. Are you a wizard?
on July 10,2013 | 04:53PM
eros_et_logia wrote:
Two completely different cultures? When did Kailua become Oaxaca?
on July 10,2013 | 04:04PM
mikethenovice wrote:
Look at the still photo of the two McDonalds workers in red just watching. Call 9-1-1, dummy.
on July 10,2013 | 05:28PM
Kalaheo1 wrote:
It was only a couple of seconds and they were as shocked and terrified as anyone else there. EVERYONE has a cell phone these days. Lighten up on the McD's cashiers.
on July 10,2013 | 07:13PM
It is not McDonalds fault! Elderts would still be alive today, if Deedy didn't take out his weapon. Elderts would not have grabbed Deedy's gun if it wasn't there...RIGHT! Deedy is at fault for drawing his weapon, why? Because Elderts did not have a weapon. What was Deedy trying to prove? It was all in statement of treats, noted on the previous news report. Deedy was not trained properly and that is why he drew his weapon. He got into a situation and didn't know how to physical put down Elderts. Remember this, Deedy was the one who threw the first blow. He started it all. If he was trained well, he would know that the person who throws the fist blow is the loser. If you had any idea of martial arts, that is the truth. Ask any martial art instructor.
on July 10,2013 | 02:51PM
allie wrote:
McDonald's failed to provide adequate security. I look for Eldert's parents to sue them. See my posts about this elsewhere on SA. A Tongan security guard at the door looking unhappy and sullen would have discouraged any fighting or game playing. This should have been a simple shoving match. Security guard tosses them out. But no security guard and a gun..bad combo.
on July 10,2013 | 02:59PM
false wrote:
Is anyone else noticing how jovial Elderts is? Maybe he said some words to the guy on his left, but he kept his distance, there were looks but when he looked back to order he seemed calm and engaging. What went wrong? Local bantering and posturing doesn't mean life is being threatened. Thank heaven for the bruddahs who changed a flat for a mom and two small ones on the old Pali road at the top. They weren't scary at all and we were really stuck in the black of what is not a look out. It's just a matter of perception. Deedy's perception was tainted.
on July 10,2013 | 04:02PM
MKN wrote:
@false: He may have been jovial, but it looks like the guy that Elderts was talking to was trying to mind his own business. I noticed that Elderts looked like he was staring at him for a good 15-20 seconds while he was saying something to him. The other guy really didn't want to look at Elderts. The people that would know exactly what was said are the guy that Elderts was talking to and the cashier that was helping that guy. I wonder if they're going to be called to testify or not. It would be interesting to hear what was said between those two before Deedy intervened.
on July 10,2013 | 04:12PM
false wrote:
Point is there was a conversation, one sided probably but it wasn't going anywhere. It was just noise. Posturing. Deedy took it to the next level and brought this on himself. Actually thought Deedy types by training were supposed to be "invisible" and just noticing. He made the trouble he's in.
on July 10,2013 | 07:28PM
RichardCory wrote:
Troll post. 10/10. Would rage again.
on July 10,2013 | 04:54PM
saveparadise wrote:
China, I see Deedy with his hand out attempting to hold Elderts at bay with him advancing to strike a blow. Then I see Deedy on the ground. More of the tape is needed for us to see before you draw blind conclusions. Was there a good reason for Elderts to physically encounter Deedy other than to show arrogance toward authority? Respect for people and respect the aina and incidents like this will not happen. Allow someone to break your nose and pound on your head and you may be the one to go out in a body bag.
on July 10,2013 | 03:58PM
allie wrote:
True..anyway, a real man calms the waters and walks away. No need to shoot anyone. Guns are always the wrong way to go
on July 10,2013 | 04:19PM
Slow wrote:
Deedy certainly did not look or act as an "authority." Deedy was the aggressor as I see it.
on July 10,2013 | 05:44PM
droid wrote:
Good point. If Deedy had any level of competence, he would have pulled his badge, not his gun! This guy Deedy is obviously a trigger-happy maniac.
on July 10,2013 | 10:35PM
saywhatyouthink wrote:
If you hit an off duty cop or federal agent, I guarantee they will draw their weapon every time, that's what cops do. Eldert's had a history of resisting Police and assaulting other people, it's clear he had no respect for law enforcement authority.
on July 10,2013 | 09:55PM
TLehel wrote:
If you look at the video you can see the people giving Deedy looks and the girl at the register putting her shirt by her nose. Clearly this guy was doodoo stink
on July 10,2013 | 03:23PM
false wrote:
Wow, missed that. Really?
on July 10,2013 | 04:03PM
gobows wrote:
drunk or not, people gotta just mind their own business
on July 10,2013 | 03:36PM
MKN wrote:
Just saw the video on Hawaii News Now. Elderts seemed to be the aggressor even after people tried to break up what may have been the initial exchange since he basically tackled Deedy. At that point, Deedy looked like he was pulling something out of his backpocket and motioning for Elderts to back off, but Elderts kept going after Deedy. Then they disappeared off camera. I am assuming that's when Elderts was shot. If someone pulled a gun out, I would immediately back off. Elderts apparently didn't seem to care and kept going after Deedy. Doesn't look good for the prosecution in my opinion.
on July 10,2013 | 04:39PM
hapaguy wrote:
I just looked at the same video and came to a completely different conclusion. If you watch closely you can see Elderts never approaching Deedy. Elderts is standing by an ATM machine the whole time and you can see some woman (Jessica West?) TRYING TO KEEP DEEDY from approaching Elderts. He gets by the girl and tries to assault Elderts and Elderts defends himself and knocks Deedy to the ground. After that they are tussling and go off screen....
on July 10,2013 | 05:03PM
false wrote:
That's what we saw. Just goes to show, "eyes of the beholder".
on July 10,2013 | 07:30PM
hapaguy wrote:
Deedy was clearly the aggressor and he got his clock cleaned by Elderts......
on July 10,2013 | 05:05PM
pandadaddy wrote:
Yeah, right.
on July 10,2013 | 05:39PM
lee1957 wrote:
What about the thrust kick, did we see the thrust kick?
on July 10,2013 | 05:42PM
hapaguy wrote:
Yeah the video start with Deedy thrust kicking (front kick) Elderts with his right leg. You can see right after the front kick that Deedy has lost his right slipper. So yeah Deedy threw the first blow in this video anyway....
on July 10,2013 | 06:03PM
WF808 wrote:
Neither this video, nor the HNN video, is as complete as the KHON video which, among other things, also shows Deedy earlier standing over Elderts seated at a table for a long time, berating Elderts, before Elderts gets up.
on July 10,2013 | 07:00PM
droid wrote:
KHON has even less videos than HNN. Don't know what you think you're looking at, but KHON has ONE video vs. HNN's two videos. Incidentally, the sole video KHON has is the exact same footage, which makes sense, since it is coming from the same source.
on July 10,2013 | 11:02PM
BIG wrote:
What do the eye witnesses have to say...counter clerks standing there ..guy sitting down by window...when do we hear there testimony
on July 10,2013 | 05:01PM
Maneki_Neko wrote:
Indeed. Yes, indeedy.
on July 10,2013 | 05:11PM
hapaguy wrote:
I just downloaded the video and played it frame by frame. The video starts out with Deedy "thrust kicking" Elderts as the Prosecution has maintained. That's when Deedy loses his right slipper. If you look closely after the thrust kick, Deedy has no slipper on his right foot. Then there are apparently words being exchanged and you can see a women trying to restrain Deedy from going after Elderts and another woman trying be intween Deedy and Elderts. Elderts never leaves the area he is standing in by the ATM(?). Deedy is doing all the moving back and forward and he gets around the woman and goes after Elderts. Elderts clocks Deedy and Deedy falls down. He gets back up and pulls something out of his right rear pocket and the scuffle moves off camera......Clearly Deedy threw the first blow and kept pressing Elderts who never really moved from the area by the ATM. Deedy kept after him until all hell broker lose.It's pretty clear why HPD and our Prosecutors office pressed charges on Deedy....He was the aggressor the whole time and wouldn't let it go.....
on July 10,2013 | 05:22PM
MKN wrote:
I believe that Deedy was trying to stop Elderts and his friend from beating up another guy, so as a law enforcement officer, it's really his duty to protect the innocent. Looks like there might have been a scuffle between Eldert's friend and the guy being picked on because after Elderts tackled Deedy, he went to the door to do something else. I suspect to help his friend fight the other guy that was being picked on. Then Elderts comes back in and that's when Deedy motions for Elderts to stop and that he (Deedy) has a gun. Apparently it didn't matter to Elderts because he kept trying to fight Deedy. Then they both disappear off screen and I assume that's when Elderts was shot. Lots of blame to go around, but Elderts didn't back off even though Deedy had a gun, so sad to say it's Eldert's own fault that he got shot.
on July 10,2013 | 05:52PM
hapaguy wrote:
Upon further review, I just played the video again frame by frame and it’s actually worse for Deedy and his friend Adam Gutowski then I thought. The video starts out with Deedy thrust kicking (front kick) Elderts who is standing near the ATM machine. Deedy’s friend Gutowski is away over by the trash can by the sales counter on the other side of Perrine who is sitting next to the trash can. Perrine is the guy Elderts them was supposedly hassling. After the thrust kick, you can see Gutowski go straight to where Elderts is standing by the ATM and engages Elderts. During the time Gutowski is scuffling with Elderts you can see Jessica West either standing in front of Deedy or actively restraining him. At this point it is actually two against one as Gutowski and Deedy are actively trying to get at Elderts. All this time Elderts friends are off to the left not involved. Elderts is scuffling with Gutowski by the ATM and Jessica West is seen pushing Deedy back. One of Elderts friends comes to help Elderts and pushes Gutowski out a door as Elderts is clocking Deedy to the ground. Next frame you can see Elderts friend pushing Gutowski down and out the door and to the right of that you can see Elderts knocking Deedy down to the ground. Elderts goes over the help his friend with Gutowski and Deedy is seen getting up and reaching for something in his right back pocket. Deedy is seen pushing Elderts back with his left hand as Gutowski and Elderts friend fight in the background. Next frame you can see Jessica West restraining Gutowski (which would lead me to believe that she knew her boyfriend was at fault) as Elderts and Deedy struggle and move off camera. After that you can basically see everyone scrambling to leave as apparently gunfire erupts….
on July 10,2013 | 06:01PM
MKN wrote:
@hapaguy: You conveniently left out the part that shows there were two fights going on at the same time. Deedy looks like he was trying to stop the two guys from beating up the other guy involved in the altercation. That's why he was trying to get around that girl. That's when Deedy got tackled to the ground and then Elderts went after the other guy that Eldert's friend was fighting and then came back to Deedy after that. Meanwhile, the other fight was still going on and it looked like the girl that was trying to hold Deedy back had the guy being beaten up by Eldert's friend in a headlock or something.
on July 10,2013 | 06:01PM
hapaguy wrote:
Actually upon further review, it wasn't two fights. It was Adam Gutowski, Deedy's friend that went after Elderts after Deedy front kicked Elderts. So it was basically two against one at that point. Gutowski and Deedy against Elderts. Perrine, the guy you said Deedy them were protecting can be seen seated by the trash can to the right of all the action the whole time. He wasn't even involved in the fight
on July 10,2013 | 06:07PM
MKN wrote:
@hapaguy: Hmmmm I guess you have the advantage in this argument since you seem to know exactly who's who in the video. Makes me think you're one of Eldert's friends or possibly family. That's cool. Bottom line though, if someone pulls a gun, you don't keep fighting them. That only bolsters the defense's argument of self defense. There was a lot of fault on both sides. My guess is if Deedy loses, he will get manslaughter at the most since murder is really hard to prove in this situation since you could make a very good argument of self defense in the last sequence of the video when Deedy pulled the gun and Elderts kept going after Deedy.
on July 10,2013 | 10:25PM
hapaguy wrote:
I'm not a family or a friend of Elderts. I have been following this case closely and know how to read and comprehend and remember what's been reported. I know who the players are because the Prosecutor filed court papers detailing what happened according to HPD investigation. For example the Prosecutors office said Gutowski's girlfriend Jessica West was trying to restrain Deedy and keep him from Elderts and lo and behold the video comes out and you see a woman trying to restrain Deedy. Not hard to follow along if you know what the Prosecutors version of events were.....
on July 10,2013 | 11:36PM
Tony96822 wrote:
and the security guard watching on the sideline with the big SECURITY emblem on the back.
on July 10,2013 | 05:32PM
BIG wrote:
Also who was that wahine...she was in the middle of the whole thing...was she fighting too?
on July 10,2013 | 09:24PM
roofustherhino wrote:
There are a couple of frames where the lady is clearly pleading with Deedy to stop. Stop the video at 0.13 and 0.17. Everyone who has every been near fights knows exactly what the lady is doing. She is trying to tell Deedy to stop and to knock it off. A couple of frames later, Deedy is kicking Elderts at 0.21. You can still see the lady trying to stop him. If Deedy was truly acting as a law enforcement officer, there is no way in hell that lady would be attempting to stop him. There is no way a lady would be attempting to stop a police officer from keeping the peace.
on July 10,2013 | 06:45PM
hapaguy wrote:
Completely agree with you roofustherhino. That same lady is later seen trying to stop Adam Gutowski from fighting anymore. I believe that lady is Adam Gutowski's girlfriend Jessica West. It was stated earlier by the prosecution that Gutowski's girlfriend was trying to stop Deedy. So that poses another question: If her boyfriend Adam Gutowski was only defending himself, why would she appear to be wrestling with him trying to get him to sop? Wouldn't she be helping him rather than trying to stop him? The answer is that both he and Deedy were the aggressors in the situation....
on July 10,2013 | 06:56PM
WEATHER wrote:
Sure, I've seen people pleading with somebody else to not get in a fight with someone. They plead with the person they know. Period. They don't go pleading with a stranger they don't know. The good news is, it's highly likely everyone blogging here is not on the jury and have been content from day one to come to any number of conclusions without any benefit of trial. They've already decided what the facts are, and have prepared themselves in their on-line blogs to say "I told you they wouldn't get it right". And so if we believe that the nighttime environment in Waikiki is such that every establishment open after 11PM needs to have armed security patrolling, from every bar to every ABC store to every McDonald's, then they should all just close up and no one should go down there.
on July 10,2013 | 08:09PM
hapaguy wrote:
Really? So Mr. Weather your out with your wife or girlfriend and someone accosts you, and your saying your wife is going to pull on you and wrestle with you to try to stop you from getting assulted? That makes no sense. It's pretty clear from the video that Deedy was going after Elderts and not the other way around. That is why she was seen struggling with Deedy because DEEDY WAS INSTIGATING IT. And so was her boyfriend Adam Gutowski.
on July 10,2013 | 08:42PM
MKN wrote:
@hapaguy: Again, you forget that towards the end of the fight, Elderts became the aggressor even though Deedy clearly told him to stop. When Deedy pulled out his gun, Elderts should have stopped, but the fact that he didn't provides a possibility that Deedy may have been justified in shooting Elderts. It's too bad the video quality was poor. McDonalds needs to upgrade their video recording equipment. I say the worst that Deedy wil get is manslaughter if he is convicted of anything (which means he may get away scott free). Murder is too high of a standard to prove with the video evidence provided.
on July 10,2013 | 10:38PM
hapaguy wrote:
I don't see it that way and also there is no audio so how do you know Deedy told him to stop. Remember, the Prosecutors office said that at no time did Deedy say he was a Federal Agent or law enforcement. If some dude from the mainland front kicked me in the stomach I would defend myself also. As for when he pulled out his gun, the video is not clear so you can't see when he pulled out his gun. I think he pulled his gun when they fell down and Elderts was on top of him thats why HPD said one bullet was in the ceiling.
on July 10,2013 | 11:39PM
Anonymous wrote:
Nothing good ever comes out of being out and drunk at 2:30 in the morning. I can't believe that this herky jerky video is the best that they have.
on July 10,2013 | 07:01PM
MKN wrote:
The owner of that McDonalds was too cheap to get a real security camera system, so they got the one that takes still photos one frame per second.
on July 10,2013 | 10:49PM
connie wrote:
Did not see on the video beyond a reasonable doubt that Agent Deedy commited murder or manslaughter. What was the video supposed to prove?
on July 10,2013 | 07:11PM
xxNOTxx wrote:
I really wonder if Deedy would have ever confronted Elderts if he wasn't carrying a weapon? From what I can see, it really looks like Deedy can't even fight. To me, it shows that even though Deedy can't really fight, Deedy was the aggressor and the one who threw the 1st blow (kick).
on July 10,2013 | 07:27PM
NanakuliBoss wrote:
I was surprise that with all the trash talking about Elderts, Deedy was bigger then him. Even with a cap on, Deedy was still bigger. Sorry to say, but this video shows Deedy as the aggressor.
on July 10,2013 | 09:06PM
hapaguy wrote:
The video on KHON's website is more complete. It shows both video feeds: the video above the cash counter and the video at the front entrance. It seems to me that Deedy and then his friend Adam Gutowski clearly are the aggressors in this tragic incident. After the first confrontation that Deedy has with Elderts things seem to be calming down until Gutowski enters the scene and begins another scuffle with Elderts. Then apparently one of Elderts friends helps Elderts, who is being assailed by both Gutowski and Deedy, and those two men, Elderts friend and Gutowski end up out the side door. That is when Deedy and Elderts go at it again and Elderts gets shot. I agree with xxNOTxx that it appears from the video that Deedy doesn't really know how to fight as Elderts takes him down easy not once but twice the second time is when Deedy shots Elderts and kills him.
on July 10,2013 | 07:55PM
hapaguy wrote:
One other thing that you can see in the video: at no time does Deedy render aid to Elderts. After Deedy gets up he walks over to and stands by the counter and you can see two other people rendering aid to Elderts. That he rendered aid to Elderts after he shot him was a lie put out there by the defense to make Deedy look like a good guy when in fact he is a cold blooded murderer.....
on July 10,2013 | 08:03PM
saywhatyouthink wrote:
you're beginning to sound like Allie hapaguy.
on July 10,2013 | 10:14PM
MKN wrote:
Hapaguy must be either a friend of family member of Elderts. The end of the video clearly shows Elderts attacking Deedy despite Deedy telling Elderts to stop and pulling out a gun as a deterrent. The fact that Elderts wouldn't stop unfortunately provides the defense with enough evidence that shooting Elderts in self defense may have been justified. Especially when it looked like Elderts and Deedy were struggling for control of the gun.
on July 10,2013 | 10:46PM
hapaguy wrote:
Again MKN, I am not a friend or family of Elderts. Unlike a lot of the Deedy supporters on here, I support and have faith in our HPD and our Prosecutors office. They have seen enough evidence to charge Deedy with murder. There have been numerous articles detailing the Prosecutors version of events and I believe there version rather than believe lying defense attorney's. And lastly, there is no audio so how do you know what Deedy is telling Elderts?
on July 10,2013 | 11:48PM
hapaguy wrote:
I see that you aren't trying to rebut my comment regarding the defense lying about rendering aid. Only trying to insult me. That's fine. I took debate in college and when your adversary tries to insult you and makes no argument to counter your statement, that's when you know you've won.....
on July 10,2013 | 11:45PM
brusselsprouts wrote:
they were acting like thugs and one of them got shot and died for it. i wouldn't want to get 10feet near these people. but at the same time Deedy should not have been armed while consuming alcohol. if anything he should be found guilty of the technicalities and negligent homicide.
on July 10,2013 | 09:00PM
livinginhawaii wrote:
The video clearly shows that Elderts was indeed aggressive and violent. Toxicology reports have already proven that he was a chronic. Testimony previously reported by the SA states that he was a racist and had a criminal past. We should all be thankful that he is no longer in Hawaii.
on July 10,2013 | 10:18PM
hapaguy wrote:
The video DOES NOT show that. It shows that Deedy instigated the whole thing by at first standing over Elderts, who was seated, and most likely verbally assualting Elderts.It also shows Deedy striking the first blow, a front kick to Elderts stomach, at which time Deedy loses his right slipper. It shows Deedy's friend Gutowski jumping into the fight, two against one, at which time Elderts friend appears to help Elderts who is outnumbered. It show Gutowski's girlfriend trying to restrain Deedy and later Gutowski. Just as the Prosecutors office stated. And lastly the racist comments WAS NOT TESTIMONY. It was the lying defense attorney that put that out there. The lying defense attorney also said Deedy rendered aid to Elderts after he shot him. That was a lie also. He never rendered aid...he just killed in cold blood because he couldn't finish with his fists what he started with his mouth....
on July 10,2013 | 11:55PM
saywhatyouthink wrote:
We'll see what the witnesses say about who started the problem, I doubt federal agent's go looking for someone to hassle at 2:30 am in the morning but I've certainly seen drunk local guys looking for trouble hassle people for no reason.
on July 10,2013 | 10:19PM
hapaguy wrote:
I am sure the witnesses will say that Deedy started it. Why? Because I am sure that HPD did a thorough investigation and interviewed all the eyewitnesses. I doubt the Prosecutors office would have brought charges against Deedy if the eyewitnesses stated that Elderts was the instigator. And you talk about drunk local guys? What about drunk federal agents. There was testimony that Deedy was out barhopping with his old college roommate Adam Gutowski and Gutowski's girlfriend Jessica West. They went drinking at First Friday, Moose McGillicuddy's, and Coconut Willy's. And don't argue that he might not have been drinking he could have been the designated driver because that's intellectually dishonest. An HPD officer testified that when he arrested Deedy he reeked of alcohol and was unsteady on his feet. I trust that our HPD officers know a drunk when they see one.....
on July 11,2013 | 12:05AM
Anonymous wrote:
Guns and alcohol dont mix. And what was a federal agent doing carrying a gun while he was drinking? We know our police friends drink when they are off duty AND they do not carry weapons while doing so. What a tragedy that this young man is now dead.
on July 10,2013 | 10:25PM
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