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Deedy's request to dismiss murder charge denied

By Nelson Daranciang

LAST UPDATED: 02:23 p.m. HST, Jun 23, 2014

A state judge has refused U.S. State Department special agent Christopher Deedy's request to have a state murder charge against him dismissed.

Deedy, 30, is facing a second trial for murder in the Nov. 5, 2011 shooting death of 23-year-old Kollin Elderts after the first trial last year ended with a hung jury.

Jury selection for the retrial started last week.

Deedy had asked Circuit Judge Karen Ahn to dismiss the charge against him based on his claim that he shot Elderts in a Waikiki McDonald's restaurant while performing his duties as a law enforcement officer under federal law and that federal law trumps state law. Deedy testified in the first trial that he shot Elderts in defense of himself and others.

There was no hearing on Deedy's request because he agreed to let Ahn decide the issue from the evidence that was presented in last year's trial.

Ahn said Monday afternoon that she can not dismiss the charge because the government has raised questions of fact that should be left for a jury to decide, such as whether or not Deedy was indeed performing his duties as a federal law enforcement officer at the time of the shooting.

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Mythman wrote:
Right, the local theory is he was a punk looking for a fight after a few drinks, not a federal agent acting as such. Oops, wait a minute, that's what the prosecutor says. But, I thought it was the other way around, the local punk was drunk and looking for fights. And a local jury is going to disprove a negative, namely the prosector's theory? What a joke. Crazy.
on June 23,2014 | 02:35PM
false wrote:
According to testimony and video, "local" was sitting waiting his food and "big man" with gun walked up and kicked him? Right? So who's the punk. Grow up "local" and you know how trash talk goes. Some of us funny and just making connections and some of us cut to the chase with being overrun. Had to cut an outsider off when referring to certain ethnic representations in an organization. He was wrong and he needed to be quiet! So that trash mouth business comes in all colors. The gun makes it different consequence. We mostly talk, we don't do guns. But this could lead to that.
on June 23,2014 | 02:45PM
tigerwarrior wrote:
Self defense laws here in Hawaii dictate that an individual can't provoke someone into a fight with the intent of using deadly force. I believe this should be the case especially since Elderts was unarmed and he did not pose a life-or-death threat to Deedy or other patrons at McDonald's according to the video footage. If Deedy assessed that the situation could turn violent--why didn't he call for backup? This is Waikiki, not some isolated region in the boonies, with HPD officers on virtually every street corner. As far as whether Deedy was sober or not, this is probably the most tricky, so I won't go there--for as long as law enforcement officers and agents aren't subject to field sobriety test--it's pretty much unprovable unless Deedy admits to being drunk, or the responding officer jots down his observation on the police report--since it's pretty much if it's not on the report, it didn't happen. So in my humble opinion, my strongest argument would be whether Deedy did or did not identify himself as an officer or agent of the law. Some witnesses testified that Deedy never identified himself as a cop before drawing his sidearm. Are there any witnesses that can confirm what Deedy said in reference to him flashing his credentials and identifying himself as a cop? Everything hinges on this--for if Deedy really did verbally announce to Elderts that he was a cop and Elderts made a threatening gesture and remark towards Deedy--I would definitely give Deedy the benefit of the doubt. However, if Deedy forgot to verbally identify himself as a cop--how was Elderts to know who Deedy really was? In Elderts mind, Deedy could be the one looking for trouble if he did not flash his credentials and verbally identify himself as such.
on June 23,2014 | 06:35PM
saywhatyouthink wrote:
This judge should be removed from the bench, she appears to be in the prosecutors p
on June 23,2014 | 02:36PM
lee1957 wrote:
Where should we move her to, the bar?
on June 23,2014 | 06:25PM
saywhatyouthink wrote:
Pocket, Ahn and Kaneshiro are wasting millions in taxpayer money prosecuting a case that can't be won.
on June 23,2014 | 02:38PM
1R1E wrote:
i respectfully disagree. he should be on trial for a death that he, in my opinion, is guilty of causing. if judge ahn agreed on dropping the charge then she should be removed.
on June 23,2014 | 02:55PM
ryan02 wrote:
Not to mention endangering all the other people in McDonald's. He fired several shots that went any which way. The other patrons just got lucky that none of them were hit and killed.
on June 23,2014 | 03:54PM
false wrote:
That is so accurate. Endangering the public for his own celebration. Deedy was out of control.
on June 23,2014 | 05:05PM
lee1957 wrote:
Been there done that already.
on June 23,2014 | 06:25PM
HanabataDays wrote:
Certainly it can be won. Don't assume this jury will be just like the last. People are pretty tired of guys fronting big attitudes just because they've got guns to back it up.
on June 23,2014 | 03:07PM
RKC808 wrote:
Judge Ahn is a very fair and respectful judge. How do I know? She was the judge when I was on jury duty.
on June 23,2014 | 07:28PM
wave1 wrote:
Looking at those shifty eyes in the pic, I would say Deedy is guilty as charged...
on June 23,2014 | 03:09PM
false wrote:
on June 23,2014 | 05:06PM
mineeyes wrote:
Yup Guilty Indeedy!
on June 23,2014 | 10:09PM
entrkn wrote:
Just reading these comments makes it easy to figure out which side Ahn and Kaneshiro are on.
on June 23,2014 | 03:34PM
788686 wrote:
what a waste of taxpayers money....locals talk all that trash...start fights like they all that....and den what? you die...and talking trash while high on pakalolo and cocaine, and it's Deedy's fault that he's dead? give me a break.....wahwahwah
on June 23,2014 | 03:47PM
ryan02 wrote:
What trash talk? That one witness (the former marine) said the victim was repeating "Can I help you" over again, and that he (the witness) didn't feel afraid. So in your book, it's not a crime to shoot someone dead because they repeated "Can I help you"? What planet do you live on?
on June 23,2014 | 04:28PM
false wrote:
Yeah, we make talk to make friends and connect. Doesn't mean attacking or violent intent. Doesn't mean let's hook up either. It's just chit chat, as if to say "I see you" which somewhere on the planet is the convention for "hello".
on June 23,2014 | 05:08PM
lee1957 wrote:
If it is that clear in your mind how do you explain the hung jury?
on June 23,2014 | 06:27PM
RKC808 wrote:
788686, is anyone pointing a gun to your head to stay here? There's a flight leaving every hour to the mainland. Be on one of them if you're so unhappy here. Aloha means GOODBYE
on June 23,2014 | 07:29PM
ryan02 wrote:
It's probably in his job description to go up and kick people he doesn't like. Then, when the person he kicked starts to beat him up, he gets to shoot the guy dead without any legal consequences. Oh, and he's probably required by law to drink alcohol while "performing his duties" too. And he's a white guy, so we already know he's intellectually and morally superior to the guy he killed. This case is so cut-and-dried, I can't imagine why the judge hasn't dismissed the charges against him!
on June 23,2014 | 03:52PM
NieleHK wrote:
Very puzzling why the news media ( HNN) continually shows a photo of Deedy using a grim, mug shot, yet the photo of the local guy using a smiling family pic.
on June 23,2014 | 04:24PM
Honto5 wrote:
As a Federal law enforcement officer on a "special" task mission not related to policing local and civil problems at McDonald's, his Federal jurisdiction shouldn't apply to local police enforcment. He was told by the McDonald's security that local police were already notified and on their way. Being that he had his "weapon" on him, all he had to do was wait and observe that Ederts actions didn't escalate to physical violence. But he decided to confront Ederts and was not able to physically handle him and he endangered himself. He should be found guilty for something or at the least be relieved from his Federal Enforcement position because his decision to get involved is what caused the action to Edert's death.
on June 23,2014 | 05:39PM
roxeee wrote:
I'd like to hear his supervisor or any representative from the US State Dept confirm that his actions were justified.
on June 23,2014 | 05:51PM
RKC808 wrote:
Proof that alcohol and guns don't mix well
on June 23,2014 | 07:31PM
bodysurf_ah wrote:
Great Comment! There were hundreds of guns on Oahu during the week of APEC, and it was a DSS agent who ended up dropping the ball.
on June 23,2014 | 06:10PM
Ldub20_Owl316 wrote:
Before any of you comment or make judgments, have any of you considered that Deedy might have done what he did because of naivete or circumstances surrounding his job? He was stationed in Washington DC, a place where people get shot for nothing at all everyday. Used to be the murder capital before Chicago. It makes sense why he think's it's okay to carry and go bar hopping, probably because in DC your chances of getting shot after drinking at a bar is just as high as walking your dog on the street while sober.
on June 23,2014 | 06:48PM
tigerwarrior wrote:
Do you think your two wrongs make a right fallacy will hold up in a court of law? You can justify pretty much anything with this type of rationale.
on June 23,2014 | 07:23PM
Ldub20_Owl316 wrote:
It would constitute manslaughter, that's for sure, but 2nd degree murder is going too far. Is Deedy guilty of a crime? Yes. Is it 2nd degree murder? No.
on June 23,2014 | 08:23PM
localguy wrote:
Deedy. Not to worry. Hawaii federal prison inmates will welcome a haole law enforcement officer like you into their family. Perhaps you will have friends who recognize you. You will learn the ropes of prison life, how to get along, who will own and take care of you and what the cost will be. Be afraid of prison, be very afraid.
on June 23,2014 | 07:33PM
localguy wrote:
Not to worry. Hawaii federal prison inmates will welcome a h a o l e law enforcement officer like you into their family. Perhaps you will have friends who recognize you. You will learn the ropes of prison life, how to get along, who will own and take care of you and what the cost will be. Be afraid of prison, be very afraid.
on June 23,2014 | 07:33PM
Knowlege wrote:
Elderts unfortunately aint gonna get their loved one back. It's a sad story because two family's are living this nightmare.
on June 23,2014 | 09:38PM
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