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Deedy retrial begins in Waikiki fatal shooting case

By Nelson Daranciang

POSTED:
LAST UPDATED: 09:26 p.m. HST, Jul 10, 2014

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The murder retrial of U.S. State Department Special Agent Christopher Deedy got underway in state court Thursday morning with both sides attempting to focus the jury on whether Deedy was drunk, provoked and if he identified himself as a law enforcement officer before fatally shooting Kollin Elderts in a Waikiki McDonald's restaurant in November 2011.

The opening statements closely mirrored arguments from last summer's trial, which ended with the jury deadlock.

Defense lawyer Thomas Otake told the jurors that Deedy, 30, was not drunk. He said Deedy identified himself as a law enforcement officer before shooting Elderts, 23, after Elderts and his friend attacked Deedy and his friend.

"He did what he had to do. And the evidence will show that it was an act of self-defense, defense of others and the use of force by a law enforcement officer," Otake said.

Prosecutor Janice Futa told the jurors it was Deedy who attacked Elderts, and that the special agent was drunk and did not identify himself as a law enforcement to anyone in the restaurant until after the shooting.  

"Based upon the credible evidence that will be presented to you in this case, the state will ask at the close of the trial that you find the defendant Christopher Deedy unjustifiably used his firearm to intentionally and knowingly cause the death of Kollin Elderts." 

Deedy testified in his own defense during the first trial. Otake told the jurors the Deedy will testify in the retrial.

The first trial ended with the jurors deadlocked over whether to acquit Deedy or find him guilty of second-degree murder.

Deedy is assigned to work in Washington, D.C., but was in Hawaii in November 2011 to provide security for the Asia-Pacific Economic Cooperation summit. The high-profile international event included President Barack Obama, then-Secretary of State Hillary Clinton and dozens of leaders and top officials from the Pacific Rim. 

Deedy had arrived in Honolulu about 12 hours before the shooting. 

Jury selection for the retrial ended Wednesday with a panel of five men and seven women. The four alternate jurors are three women and one man.

Deedy, of Arlington, Va., is accused of murdering Elderts, of Kailua, with a gunshot to the chest at the Kuhio Avenue McDonald's in the early morning of Nov. 5, 2011. 

The defense contends that a combative and inebriated Elderts continued to fight him after Deedy identified himself as a special agent and took out his gun. The prosecution argues that Deedy was drunk, was leery after receiving a warning about hostile locals, and had started the altercation.

Deedy's first trial ended on Aug. 26 in a mistrial after the jury, who were not allowed to consider manslaughter as a lesser charge, could not agree on a second-degree murder conviction.

The first jury considered 20 days of testimony in the high-profile case and reviewed recordings from McDonald's soundless surveillance cameras and a cell-phone video, which are expected to feature prominently in the retrial.

While the fight between Elderts and Deedy and the shooting were captured by the cameras, the defense and prosecution in the first trial offered widely different accounts of what the jury was seeing.

Prosecutors portrayed Deedy as a "bully with a badge," while the defense contended that Elderts knocked Deedy to the ground and hit him, placing the federal agent in a "deadly force" situation.

Circuit Judge Karen Ahn is again presiding over the retrial. Futa will lead the prosecution again but Deedy has a new defense team led by Otake. In last year's trial, attorney Brook Hart led the defense.

Ahn ruled this week that, unlike in the previous trial, the defense will not be able to present a witness to testify that Elderts had cocaine in his system and was high when he died.

She also ruled that the jury will not be allowed to see part of a cell-phone video showing Deedy trying to provide aid to Elderts after the shooting.

------

The Associated Press contributed to this report.







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GorillaSmith wrote:
I wonder where they found 12 people who haven't already formed an opinion on this case to serve as jurors.
on July 10,2014 | 07:11AM
BigIslandGrl wrote:
My thoughts exactly
on July 10,2014 | 07:26AM
8082062424 wrote:
some one i know is on the jury . i feel for him and the rest
on July 10,2014 | 07:40AM
HonoluluHawaii wrote:
u talking about yourself?
on July 10,2014 | 10:30AM
8082062424 wrote:
nope
on July 10,2014 | 12:48PM
HonoluluHawaii wrote:
Don't let us know who he is. Then later if he is interviewed on TV, ask him for his autograph. Also don't forget to DVR all newscasts as you never know when your pal will be televised. Also don't let us know how he voted. Obviously if a verdict is reached, we will know how he voted. I think that covers all bases.
on July 10,2014 | 01:31PM
kaupani wrote:
If that's true, then your friend has already broken the law by telling you or anyone else. That's enough for disqualification.
on July 10,2014 | 11:50PM
droid wrote:
I hope they are decent enough to give him a unanimous verdict, one way or the other.
on July 10,2014 | 07:48AM
W15 wrote:
i hope they are decent enough to consider and weigh all the facts, and apply them to the law and jury instructions, when deliberating on their verdict ....
on July 10,2014 | 10:25AM
HonoluluHawaii wrote:
Having a good jury foreperson is a key, because said person will try to get a consensus.
on July 10,2014 | 10:49AM
bully106 wrote:
decency doesn't have anything to do with the decisions made. good folks may never agree on the verdict. never should have retried this case.
on July 10,2014 | 11:57AM
HonoluluHawaii wrote:
Deedy and Elderts came together like matter and anti-matter in Star Trek, boom !!!!! And I'm not talking John Madden boom !!! I'm talking complete annilihation of one or both of the protagonists in this matter or anti-matter would I need to say. If Elderts was alive and well, we would not need to try this case, because the two could talk about it, and attain a mutual agreement. Secondly, if our country was as wild as The untamed plains of The African Serengheti, then we would not need a trial, because justice would have already prevailed via an eye for an eye, a tooth for a tooth, a punch for a punch, etc. Kollin's relatives could not come to his aid an gotten revenge by rubbing out Christopher Seedy, because then they themselves would have been taken into custody. It is such irony that humans can mourn for ONE DEATH, yet when we have wars and more than a million are rubbed out, we think of it as, Que Sera Sera.
on July 10,2014 | 12:52PM
HonoluluHawaii wrote:
"While the fight between Elderts and Deedy and the shooting were captured by the cameras, the defense and prosecution in the first trial offered widely different accounts of what the jury was seeing." This is why I don't like lawyers because lawyers can say one plus one equals two or MAYBE 3.1415, which is Pi, in math.
on July 10,2014 | 01:03PM
false wrote:
HonoluluHawaii, I would venture the reason why you don't like lawyers is that you had an unpleasant legal experience, perhaps in court, you blame the lawyer, not yourself or your actions or the actions of your opponent in court. A divorce case or custody proceeding perhaps?
on July 10,2014 | 04:35PM
HonoluluHawaii wrote:
No a loss of a mynah bird.
on July 10,2014 | 06:24PM
808ikea wrote:
I think it will be a hung jury again.
on July 10,2014 | 01:33PM
false wrote:
808ikea, I think, but can't say for sure, that you are wrong about the hung jury. I think that the prosecution's chances of winning have greatly increased now that Deedy lost Brook Hart as his lawyer.
on July 10,2014 | 04:38PM
Mei mei wrote:
PRECISELY... what ever the outcome will be it is already judged....
on July 10,2014 | 03:07PM
false wrote:
GorillaSmith, you'd be surprised how many of our fellow citizens ignore current new events, but pay detailed attention of what is occurring with celebrities such as the garish Kardashians.
on July 10,2014 | 04:31PM
HonoluluHawaii wrote:
Mr. Smith congratulations on being the first to comment on what looks like will be a repeat blockbuster for this newspaper. It seems that it all of a sudden came upon us, that we are immersed in this case again. Chris could save us the trouble of the ecstasy of victory and the agony of defeat by a COP, however he is counting on this jury being locked again, I think. Then we retry again next year.
on July 10,2014 | 06:17PM
Jerry_D wrote:
I'm hoping to see GUILTY AS CHARGED. I am an NRA member and staunch supporter of the 2nd Amendment, but even I know that alcohol and guns don't mix. If you're going to drink, keep the weapons at home!
on July 10,2014 | 08:33AM
hapaguy wrote:
Here! Here!
on July 10,2014 | 12:28PM
Ldub20_Owl316 wrote:
Your opinion on this case is invalid since you believe everything the prosecution says is the truth.
on July 10,2014 | 05:56PM
HonoluluHawaii wrote:
Well the prosecution is telling the truth, as we can become clouded by the defense. The prosecution does not arbitrarily go after any John Doe or Mary Doe. Remember the two guys who were arrested at the Metcalf Street address, then were released because the prosecution deemed it was self-defense? Well, if the prosecution here deemed this case self-defense, then the names Christopher Deedy and Kollin Elderts would not even have their 30 minutes of fame.
on July 10,2014 | 06:23PM
Ldub20_Owl316 wrote:
The prosecution will try to withhold evidence that may HELP prove Deedy's innocence and paint him in a negative light. That's its job.
on July 10,2014 | 07:53PM
hapaguy wrote:
I think you have that confused with the Defense....they are the ones that will be lying every chance they get......
on July 10,2014 | 08:39PM
Ldub20_Owl316 wrote:
So will prosecutors. You don't think prosecutors will do anything to win so they can look good to sheeple voters?
on July 10,2014 | 09:53PM
hapaguy wrote:
I've said it before and I will say it again: I'll take the Prosecutions version of events over the lying Defense Attorney's version of events any day. Our HPD has investigated this crime along with our Prosecutors Office and also the a Grand Jury has indicted Deedy for 2nd degree murder.
on July 10,2014 | 08:38PM
Denominator wrote:
You don't give up the right to defend yourself just because you've had a beer.
on July 10,2014 | 12:54PM
hapaguy wrote:
Deedy wasn't defending himself. He was the assailant. Deedy threw the first blow, a kick to Elderts chest, and then when Elderts defended himself, quite successfully I might add, Deedy pulled his gun out and shot an unarmed man....
on July 10,2014 | 01:34PM
gobows wrote:
deedy did shoot an unarmed man......an unarmed man that was mounted on top of him, pounding him, and trying to take his gun away.
on July 10,2014 | 01:40PM
hapaguy wrote:
Once and for all, you can't start a fight and then when the victim starts to get the better of you, pull out a gun and kill him.
on July 10,2014 | 01:57PM
mcc wrote:
...and if you are on duty as he says you do not get drunk and walk around with a gun.
on July 10,2014 | 02:02PM
gobows wrote:
who's drunk? is there evidence? or heresay testimony?
on July 10,2014 | 02:15PM
hapaguy wrote:
gobows its not hearsay. HPD officers testified that Deedy was drunk. Don't you think that Waikiki HPD officers that deal with drunks on a daily basis know a drunk when they see one
on July 10,2014 | 02:30PM
KeithHaugen wrote:
the feds should change the policy and rules so that their employees are not allowed to carry a gun while off duty, drinking and partying.
on July 10,2014 | 05:12PM
lee1957 wrote:
So HPD guys are trained to determine when someone is legally drunk without a breathalyzer or blood test? Not! That is called reasonable doubt.
on July 10,2014 | 05:17PM
gobows wrote:
deedy did. and will go free.
on July 10,2014 | 02:14PM
KeithHaugen wrote:
If you are in a fight with an armed assailant, you would try to take his gun away so he can't murder you.
on July 10,2014 | 05:11PM
lee1957 wrote:
Eight jurors in the previous case said otherwise.
on July 10,2014 | 05:16PM
NanakuliBoss wrote:
Previous case? New trial, last one don't mean squat.
on July 10,2014 | 10:13PM
hanalei395 wrote:
Deedy shot an unarmed man, then that wounded man fell forward on Deedy, hitting Deedy with "weak punches" ... as described by an eye witness, a McDonald's employee...... Weak punches until Elderts died. Per gobows: "was mounted on top of him" ...... Deedy shot Elderts BEFORE Elderts "was mounted on top of him".
on July 10,2014 | 02:06PM
nalogirl wrote:
Thats not true. Elderts was on top of Deedy punching him and trying to get Deedy's gun. The gun went off and that is why Elderts fell on Deedy.
on July 10,2014 | 02:43PM
hanalei395 wrote:
The McDonald's employee was an eyewitness. She saw what happened. She was under oath. Deedy's first shot to Elderts missed. Elderts was trying to defend himself before Deedy shoots again. Elderts tried, but failed, and fought like a man until he died. ... Per nalogirl: ..... "on top of Deedy punching him" .......according to the McDonald's employee, "weak punches". Elderts was already dying.
on July 10,2014 | 03:02PM
KeithHaugen wrote:
Those facts came out in the first trial and, unless the judge leans toward helping the government, they will be brought out in this trial too.
on July 10,2014 | 05:10PM
HonoluluHawaii wrote:
Deedy's friends who were bar hopping with him prior to their entry into McDonald's at about 2:30am would know Deedy more than anyone, and THEY would know if Deedy was intoxicated or not. And we very well know, close friends will not testify that their their close friend Deedy was indeed intoxicated. The Defense can say anything and everything with a straight face to cloud the minds of the jury. Remember the OJ case? Just about everything was pointing to OJ's guilt, except the jury was seemingly tainted because it was predominantly black women on it. I don't know the makeup of Deedy's jury, except all we know now, that the majority is women. p.s. What we are doing is deliberating this case and it appears we also have a locked jury. We can't decide one way or the other. In a jury room, it is different because the jurors see each other face to face and discuss this case. Our forum is disjointed and we only form opinions based on our own knowledge of this case, and a little based on other members of this forum, however we can't discuss the case amongst all of us, together in a jury room, until we reach a verdict. One factor is that if we reach another hung jury, the next judge would need to relent and allow manslaughter as a convicting option otherwise this case could be tried forever and ever.
on July 10,2014 | 07:25PM
false wrote:
Denominator, you are legally wrong. The second amendment means that the government cannot restrict your right to bear arms unless there is a compelling state interest and the restriction is the least drastic means of carrying out the compelling state interest. For example, if you work in a gasoline factory, the State can pass a law that says it is a crime for you to bring your gun to work. The compelling state interest? Firing your gun at work will cause a huge explosion. Is such a prohibition the least drastic means of preventing explosions? Yes, because even if you are a calm person and would never intentionally fire your gun at work, the chance that you might accidentally fire gun at work by say dropping it, is just too great. Remember the cop who accidentally shot himself in the foot when he hurriedly dropped his pants in the bathroom to relieve himself and accidentally fired his service weapon?
on July 10,2014 | 04:51PM
KeithHaugen wrote:
And you don't murder someone with a gun if you are not carrying a gun.
on July 10,2014 | 05:09PM
Nevadan wrote:
I believe there is a rule about Feds carrying guns except on duty. The fed govt would stay out until this case is over
on July 10,2014 | 06:35PM
HonoluluHawaii wrote:
Wait a minute let me try to understand your statement. If one has had a beer, then one does not give up the right to defend themselves. I got it.
on July 10,2014 | 06:43PM
KeithHaugen wrote:
even government employees should be required to lock up their guns in a hotel safe before they go out drinking. No gun, no murder.
on July 10,2014 | 05:08PM
saveparadise wrote:
SA is trying to create a Massey case out of this. They are getting a kick out of reviving this dead horse and observing the commentors repeat themselves over and over.
on July 10,2014 | 09:21AM
8082062424 wrote:
SA does not have to create anything. folks feeling are folks feeling. not a dead horse since it a new trial
on July 10,2014 | 09:35AM
HonoluluHawaii wrote:
Your number says it's been disconnected.
on July 10,2014 | 10:28AM
KaneoheSJ wrote:
What sticks to my mind is the fact that this agent went out of his way to start something out of a non-starter. Elderts was seated and was not behaving violently. Any true law enforcement officer would not try to instigate anything. They are "peace" officers for a reason. They simply are not supposed to instigate anything. Deedy had a hand in this situation that escalated when he kicked the victim to start a fight. It should not be about whether Elderts has a criminal past or not, it should be about who started the whole fight and who killed who afterwards.
on July 10,2014 | 10:05AM
gobows wrote:
is it against the law to start a fight? which one?
on July 10,2014 | 10:44AM
HonoluluHawaii wrote:
If someone demanded of me: "I like one quata", as my initiation into Kalakaua Intermediate School in September 1969 really happened, I would have looked at my peer and smiled. Remember, as we locals say:

"u like go home, no make stink eye, no make side eye. Jus keep holo holo ing. No stop, no talk, no pilikia !!!!"


on July 10,2014 | 10:54AM
hanalei395 wrote:
"Is it against the to start a fight". ......... It is against the law to go to a person, just to kick that person, knowing full well that person will retaliate. When that happens, then murder and claim "self defense".
on July 10,2014 | 12:27PM
gobows wrote:
how did he know that person would retaliate? deedy a mind reader? what about when he pulled out his gun, did he know elderts was going to stop? or rush him?
on July 10,2014 | 12:43PM
hanalei395 wrote:
Go up to a "local person", then kick him without reason. And then see if that person doesn't retaliate.
on July 10,2014 | 01:04PM
gobows wrote:
what he does, after I pull out my gun, will be up to him. If he attacks me, i'll claim self-defense.
on July 10,2014 | 01:16PM
hapaguy wrote:
Again, you know not of what you speak. You cannot start an altercation and then when the victim defends himself pull out a gun and shoot him. That IS NOT self defense.....
on July 10,2014 | 01:27PM
hanalei395 wrote:
"after I pull my gun" ......... What gobows must be thinking, when Deedy is convicted of murder. gobow sounds like he wants revenge, against a "local person".
on July 10,2014 | 02:26PM
hapaguy wrote:
Of course it's against the law to start a fight especially if you strike someone first which Deedy did when he kicked Elderts! Assault in the 3rd Degree in Hawaii if you do that.....
on July 10,2014 | 12:32PM
gobows wrote:
too bad they not charging him with that.
on July 10,2014 | 12:40PM
hapaguy wrote:
I was just answering you question about whether or not it was against the law to start a fight which it is....
on July 10,2014 | 01:16PM
gobows wrote:
i know. deedy should be guilty of something. just not murder because elderts went after him after he pulled his gun out.
on July 10,2014 | 01:27PM
HonoluluHawaii wrote:
A mitigating factor might be that Deedy was a fish out of water. On the mainland, self-defense could be an appropriate defense, because there is a more violence on the mainland. Because Deedy did not submit to the blood alcohol test, some doubt about his self-defense got into some jurors minds, hence the locked jury in the first trial. Can the defense present the same if not better defense than the first trial defense?
on July 10,2014 | 01:40PM
lee1957 wrote:
Prosecutor should hire you as a consultant as you have this all figured out already.
on July 10,2014 | 05:20PM
8082062424 wrote:
being that Deedy was a law enforcement officer im pretty sure it is as well as abuse of power
on July 10,2014 | 12:50PM
HonoluluHawaii wrote:
Some of that happens, including a disgraced Major in our own Honolulu Police Department recently.
on July 10,2014 | 12:59PM
HonoluluHawaii wrote:
Bottom line is someone pulled the trigger and said someone is a duly sworn law enforcement officer that needs to be beholden to the highest standards.

Most of us, maybe 98% would not have gotten into this type of altercation simply because:

a. At 2:30am we are sound asleep, and that's about 80% of us,

b. If we were out at that hour of the day, we would be working the graveyard shift, which eliminates another 15% of us.

c. That's 95% of us that are law abiding citizens who would not have gotten into this conflict.

d. Now for the 3% borderline people: we still would not have gotten into it, because we just stay in bars, we don't like McDonald's.

e. That leaves the 2% that created this maelstrom of cataclysmic event that led to the death of one Kollin Ederts, for whom as we say locally, "Bruddah we r looking out for u".

and f. This better be the last trial with no mistrials.


on July 10,2014 | 10:24AM
Kailuaraised wrote:
I'm not looking out for Elderts. Deedy broke no laws. He's only guilty of wrongdoing in the court of public opinion.
on July 10,2014 | 10:56AM
daniwitz13 wrote:
Excuse me, killing an unarmed person is a Crime. Period. Pity
on July 10,2014 | 11:28AM
gobows wrote:
Not if its self defense.
on July 10,2014 | 12:01PM
hanalei395 wrote:
Murder, then claim "self defense".
on July 10,2014 | 12:33PM
hapaguy wrote:
It's not self defense if you start the fight by kicking someone first...
on July 10,2014 | 12:34PM
gobows wrote:
nobody gets convicted of murder for first kicking them.
on July 10,2014 | 12:51PM
hanalei395 wrote:
Kick a person to start a fight. Then murder that unarmed person to end that fight.
on July 10,2014 | 01:12PM
lee1957 wrote:
Wrong answer Sherlock.
on July 10,2014 | 05:21PM
HonoluluHawaii wrote:
Well if Deedy is found innocent, he will still face a Civil Trial, where a unanimous verdict is not required. Deedy will be Scott free of criminal wrongdoing, except he may need to answer to Kollin's lawyers in a civil case, as happened in The Trial of The Century, re Orenthal James Simpson. Note years later O.J. Is serving time for the Vegas mishap. So what goes around, comes around and if Chris would COP and change his plea to No Contest, a deal could me reached and a light sentence with say 10 years of probation could help rehabilitate Christopher's life. However if Chris is stubborn and will go for complete innocence, the other side of the coin is conviction for murder.
on July 10,2014 | 11:33AM
klastri wrote:
If it's a civil trial held in federal court, a unanimous verdict is required. In a state court, a five sixths verdict is required. That's a high bar irrespective of which system it's held in. He can't plead since he'd lose his job, and it appears that he genuinely thinks he did nothing illegal. I think a conviction for second degree murder is virtually impossible in this case.
on July 10,2014 | 05:12PM
HonoluluHawaii wrote:
10-4
on July 10,2014 | 07:34PM
Ldub20_Owl316 wrote:
Don't let Mr. Prosecution lover hapaguy hear you say that.
on July 10,2014 | 05:58PM
hapaguy wrote:
lol....Defense attorney's are well known to say anything or do anything to get their clients off. Let's hold a poll to see who is held in higher esteem: Prosecuting attorney's or defense attorney's
on July 10,2014 | 08:43PM
Ldub20_Owl316 wrote:
Prosecutors will do anything to win as well. How can prosecutors that DON'T win remain prosecutors? Why trust them?
on July 10,2014 | 09:46PM
hapaguy wrote:
Prosecutors usually only chose to prosecute based on what the investigations, in this case HPD, bears out. If there is sufficient evidence to prosecute they move forward. If not, they do not charge and do not prosecute. Its as simple as that. They absolutely do not do anything to win....
on July 10,2014 | 11:12PM
Ldub20_Owl316 wrote:
Penn and Teller's episode on the death penalty would prove you wrong. Why should I trust Penn and Teller? Because they INTERVIEWED AN ACTUAL COP who can vouch for me.
on July 10,2014 | 11:57PM
gobows wrote:
Not guilty.
on July 10,2014 | 10:45AM
swagger wrote:
Guilty!!
on July 10,2014 | 11:01AM
gobows wrote:
not guilty of murder!
on July 10,2014 | 11:22AM
HonoluluHawaii wrote:
Are u Norm?
on July 10,2014 | 11:36AM
gobows wrote:
Yes, call me Norm
on July 10,2014 | 11:49AM
HonoluluHawaii wrote:
Well we are all hoping that u go 12-0 or 0-12, and not be a lame duck and be 3-9. Note that 12 is the number of jurors. I believe maybe a baker's dozen 13th game is played by The Rainbow Warriors this year, so pray for 13-0 or 0-13, which will make it easier to determine ur future with UHM. Don't count on it though, as Lindy's has UH ranked number 125 in Division One, and let's hope for 0-13, so Ben Gay doesn't have to have his Dear John talk with u.
on July 10,2014 | 02:38PM
gobows wrote:
7-5 or even 6-6 and I'll be back to taunt you more.
on July 10,2014 | 02:52PM
HonoluluHawaii wrote:
Well we all know u r getting too old, so we wish u a fine retirement, father.
on July 10,2014 | 03:10PM
BuhByeAloha wrote:
Guys like Elderts are ruining this country. One less isn't very sad.
on July 10,2014 | 11:11AM
gobows wrote:
Why? He paid his taxes
on July 10,2014 | 11:22AM
BuhByeAloha wrote:
Paying taxes is all that is required to be an upstanding citizen? Millions of people that pay taxes break the law, hurt people, kill and rape etc. Our Jerry Springer country is filled with dudes like Elderts. Just curious, does anybody know if he even had a job? Maybe he was 1/64th Hawaiian and he didn't need a job.
on July 10,2014 | 02:09PM
Ldub20_Owl316 wrote:
If Elderts was anything like Benjamin Pada and Kelii Acasia (murderers of Ned Nakoa and whitey haters) I can't feel as much sympathy for him as I would if he were a decent guy.
on July 10,2014 | 06:02PM
whatcanisay wrote:
i probably missed it, is manslaughter on the table this time?
on July 10,2014 | 11:11AM
gobows wrote:
nOPE
on July 10,2014 | 11:21AM
HonoluluHawaii wrote:
It could be added to the menu if Chris COP's and pleads "No Contest".
on July 10,2014 | 11:37AM
hanalei395 wrote:
With Deedy: Gun at the ready, now, go start a fight .......... Murder, NOt "manslaughter".
on July 10,2014 | 01:29PM
hapaguy wrote:
I hope this jury sends a loud message that no one is above the law. Not even a Federal Agent out drinking with his old college buddy trying to be a tough guy who starts a fight and ends up getting his okole whipped and then pulls a gun out and murders and unarmed citizen....GUILT AS CHARGED! 2nd DEGREE MURDER!
on July 10,2014 | 11:15AM
gobows wrote:
only guilty IF, he pulled his gun and just shot Elderts. Reasonable doubt comes into play, because Elderts was the one that bull rushed him and was mounted ontop of Deedy.
on July 10,2014 | 11:47AM
hapaguy wrote:
I don't believe there is any doubt that Deedy pulled his gun and shot Elderts. After all, Elderts died from bleeding out as a result of gunshot wounds. As for Elderts bull rushing Deedy, Deedy had earlier said he was going to shoot Elderts in the face (which was prior to any physical confrontation) and Deedy was the first person to strike a physical blow so that would make Elderts the victim wouldn't it? And shouldn't the victim be able to defend himself?
on July 10,2014 | 12:24PM
gobows wrote:
deedy didnt just pull his gun and shoot elderts point blank while elderts was standing infront of him. that would be murder.
on July 10,2014 | 12:45PM
hapaguy wrote:
You really don't have a clue about Hawaii Law do you? Please Google "Hawaii Revised Statute 707-701.5" read it an educate yourself please....
on July 10,2014 | 01:24PM
gobows wrote:
never claimed to know the law, unlike yourself. defense said in the opening statements, that everything deedy did, he was trained to do. they'll have experts testifying to that. this includes why he kicked elderts to begin with.
on July 10,2014 | 01:35PM
hapaguy wrote:
Yes it's is pretty obvious from your comments. I tend to side with our HPD boys who investigated this and also our Prosecutors office who brought this case and also the Grand Jury that indicted Deedy. They all looked at the evidence and believed this is Murder in the 2nd Degree......
on July 10,2014 | 01:49PM
Ldub20_Owl316 wrote:
You've lost your right to comment on this by believing everything the prosecution says.
on July 10,2014 | 06:04PM
waokele wrote:
Why are "hostile locals" allowed to get their way around here? I have lived here for years and yet am told that I should not go certain places because of "hostile Locals". Maybe if a few more got knocked in the head we would not have some of the problems we do with crime.
on July 10,2014 | 11:38AM
HonoluluHawaii wrote:
Hostile locals only get in the way if we let them. If a Lion broke loose from Honolulu Zoo, 911 would go crazy and we would try to apprehend the Lion ASAP. Even a hostile local is a Human Being and we humans can disguise ourselves to make us seem calm and collected. It is truly said: to have a true confrontation, we always need two willing opponents. If Kollin started it, then if Chris was of sound mind and body, Chris would not have gone for his pistol.
on July 10,2014 | 11:43AM
MrMililani wrote:
Thanks waokele. Most of us have been exposed to people like Elderts. Let's hope some lessons are learned from this but I doubt it. There are lots of wacky locals on this island.
on July 10,2014 | 12:04PM
hapaguy wrote:
"Hostile locals"? You've got to be kidding me...what about what about arrogant mainlanders thinking they can bully and then shoot an unarmed local to death?
on July 10,2014 | 12:37PM
gobows wrote:
maybe they think they can shoot a hostile local, that didnt stop when he pulled out his gun. instead, bull rushed him and mounted him, trying to take his gun away. deedy feared for his life. what if elderts got his gun.
on July 10,2014 | 12:53PM
hapaguy wrote:
You are mischaracterizing what happened. At the time Deedy came over to Elderts, Elderts was not "hostile" to anyone. Deedy elevated a non-situation. Also, Deedy told Elderts he was "going to shoot him in the face" prior to the altercation. Deedy then kicked Elderts in the chest and when they scuffled Deedy pulled his gun and shot Elderts and killed him....
on July 10,2014 | 01:44PM
gobows wrote:
I believe Elderts was hostile. I believe Deedy did what he was trained to do. Telling Elderts he's going to shoot him in the face, is the type of things they're taught to do. The kick too. Go ask your HPD buddies. The guy with the gun, gotta act like the big dog in the fight. Its intimidation. BUT, Elderts was a different breed of dog in this fight. Deedy will have to pay the price.
on July 10,2014 | 02:21PM
hapaguy wrote:
Sorry but your "beliefs" have no basis in reality as it pertains to the evidence that was presented in trial......
on July 10,2014 | 02:38PM
gobows wrote:
Elderts will be presented as hostile at the trial. Deedy will be presented as trained to do what he did at the trial also.
on July 10,2014 | 02:55PM
hapaguy wrote:
gobows...thank you for stating the obvious.....
on July 10,2014 | 03:14PM
Ldub20_Owl316 wrote:
The only evidence you are speaking of is the evidence prosecutors emphasized.
on July 10,2014 | 06:07PM
8082062424 wrote:
your just off lol
on July 10,2014 | 03:27PM
waokele wrote:
My point was that when the prosecutor says in opening arguments that he was warned about hostile locals. Why aren't prosecutors doing their job and stopping the hostile locals and just warning people about them.
on July 10,2014 | 03:57PM
Ldub20_Owl316 wrote:
If he did say that, I must believe it was to warn Elderts.
on July 11,2014 | 02:38AM
Ldub20_Owl316 wrote:
Did you know Elderts personally? Don't judge him based off of what family members and friends have said about him because that would be like me judging Benjamin Pada and Kelii Acasia (murderers, mind you) off of what their family members and friends thought of them. I can't judge Elderts, never having met them, but can tell you this: if he was anything like Pada and Acasia (who I CAN judge, having encountered them), he was asking for trouble.
on July 11,2014 | 02:40AM
Ldub20_Owl316 wrote:
He had no intention of killing anyone. He brought the gun to protect himself.
on July 10,2014 | 06:06PM
hapaguy wrote:
lol....no he didn't mean it when he told Elderts "I'm going to shoot you in the face"....the subsequently kicked him in the chest to start and altercation.....
on July 10,2014 | 08:46PM
Ldub20_Owl316 wrote:
According to the LYING prosecution.
on July 10,2014 | 10:04PM
hapaguy wrote:
No that was according to unbiased eyewitnesses that testified in the first trial. Try to keep up....
on July 10,2014 | 11:14PM
Ldub20_Owl316 wrote:
If Deedy is guilty of ANYTHING, it is manslaughter. I am not a sympathizer of his but do believe he did it out of precaution. Look at the circumstances. Lives in DC, whose murder rate is the worst this side of Chicago. His naivete got the better of him with Elderts.
on July 10,2014 | 11:53PM
Ldub20_Owl316 wrote:
Don't pretend that "locals" like Benjamin Pada and Kelii Acasia aren't a problem. How do they pertain to all of this? Because there is bound to be a confrontation between "locals" like them and a Caucasian tourist (remember Alika Paakaula?). "Locals" like Pada and Acasia that fight with Caucasian tourists or military personnel--and lose--are asking for it.
on July 11,2014 | 02:44AM
8082062424 wrote:
I was taught at a very young age by my uncle who is a police officer. Do not let your action and mouth write checks your body can not cash. try practicing that and you will find you have little problem with locals
on July 10,2014 | 12:53PM
swagger wrote:
So if Hawaii time is 3 am that means Deedy was up til at 9am Virginia time. With no sleep plus jet lag and bar hoping, Deedy was up to no good as a special agent.
on July 10,2014 | 11:41AM
gobows wrote:
he sleeps well on planes, and was only buying drinks, no evidence that he was drunk.
on July 10,2014 | 11:48AM
swagger wrote:
I never said he was drunk, he should have been in bed sleeping if he took his job serious.
on July 10,2014 | 12:21PM
gobows wrote:
that's what you momma says.....
on July 10,2014 | 12:54PM
hapaguy wrote:
There is no physical evidence that he was drunk because he refused to submit to blood alcohol testing. If he wasn't drunk or wasn't drinking why refuse to give blood? What was he hiding? There was eyewitness testimony from HPD and others that Deedy was drunk (slurring, wobbly, etc..) at the time of the murder.
on July 10,2014 | 12:27PM
gobows wrote:
Feds teach their officers, no blood testing, after you shoot. Line of evidence trail stops. Nothing can be used against you.
on July 10,2014 | 12:47PM
hapaguy wrote:
"Feds teach their officers, no blood testing, after you shoot"...can you provide a link to your comment? That's the most ridiculous thing I have ever heard. I think you are pulling that out or Uranus.....
on July 10,2014 | 01:30PM
gobows wrote:
You think the Feds would post something like that? You a smart guy. Would you?
on July 10,2014 | 02:05PM
hapaguy wrote:
Just what I thought: you're pulling stuff from Uranus to make a point....you've lost all credibility on here........
on July 10,2014 | 02:16PM
bully106 wrote:
What an amazing waste of money! Same old peeps except defense attorney. Do again if another hung jury? Pathetic.
on July 10,2014 | 11:55AM
Denominator wrote:
What's a hung jury look like?
on July 10,2014 | 01:01PM
BRainbow wrote:
I sure hope the prosecution loses some of its arrogance and agrees to let the jury consider the "lesser included offense" of manslaughter.
on July 10,2014 | 12:59PM
gobows wrote:
i dont think the judge will let them go for manslaughter.
on July 10,2014 | 01:20PM
islandsun wrote:
Both were acting like punks but Deedy brought the gun into play.
on July 10,2014 | 01:06PM
gobows wrote:
and if elderts had backed off, he'd stil be alive today.
on July 10,2014 | 01:21PM
Denominator wrote:
No. I think his time was up. Fate.
on July 10,2014 | 01:30PM
gobows wrote:
if elderts backed off, and deedy shoots him, thats murder.
on July 10,2014 | 01:43PM
Denominator wrote:
Really?
on July 10,2014 | 01:50PM
gobows wrote:
if i was on the jury, i'd say so.
on July 10,2014 | 02:04PM
swagger wrote:
Buy you are not on a jury so your remarks don't matter, plus you are blind just like how you think Normy is the greatest coach ever.
on July 10,2014 | 02:16PM
swagger wrote:
If Deedy had backed off, you would not be here blowing smoke out of your bottom mouth. LOL
on July 10,2014 | 02:20PM
gobows wrote:
This is true....if Deedy backed off......and like everyone here, you too, blowing smoke out your bottom mouth. lol.
on July 10,2014 | 02:57PM
swagger wrote:
Get your own line, you wannabe copycat
on July 10,2014 | 03:31PM
gobows wrote:
plagiarism is a fine art, you should be honored
on July 10,2014 | 05:19PM
swagger wrote:
Deedy was acting like a punk
on July 10,2014 | 04:29PM
gobows wrote:
punk'd elderts just fine too
on July 10,2014 | 05:20PM
swagger wrote:
Your momma must just like you dense just like you, Normy and Deedy lover.
on July 10,2014 | 01:42PM
gobows wrote:
its Norman for you.
on July 10,2014 | 02:04PM
Surfer_Dude wrote:
Futa is a horrible prosecutor.
on July 10,2014 | 02:54PM
gobows wrote:
She's the best Keith's got.
on July 10,2014 | 03:32PM
HonoluluHawaii wrote:
The best is supposed to be Keith, so shy isn't Keith front and center?
on July 10,2014 | 05:17PM
Ldub20_Owl316 wrote:
hapaguy would likely disagree with you since he thinks prosecutors are infallible and aren't corrupt!
on July 11,2014 | 02:35AM
gobows wrote:
swagger wrote: Buy you are not on a jury so your remarks don't matter, plus you are blind just like how you think Normy is the greatest coach ever you're right. i'm not on the jury. and our remarks dont matter. BUT, I NEVER said Normy was the greatest coach ever.
on July 10,2014 | 02:59PM
KeithHaugen wrote:
Whether Deedy gets away with murder or not, I hope the federal government will make changes in its policies as relates to sending inexperienced junior g-men into the field, armed and with department permission to carry guns while out drinking and partying. If Deedy had not been carrying a weapon, he would not have killed anyone.
on July 10,2014 | 05:14PM
Ldub20_Owl316 wrote:
Just watch the prosecution spout off LIES about everything and try to make Elderts look like Mother Teresa while they equate Deedy to Hitler. These prosecutors are ones I'd never trust with a can opener.
on July 10,2014 | 06:00PM
hapaguy wrote:
You're on the wrong side of this one ldub. Most people don't trust the lying defense attorney's. Prosecuting attorneys are held in way higher esteem than Defense Attorney's....
on July 10,2014 | 08:48PM
DA_HANDSOME_CHINAMAN wrote:
I believe he still could have protected himself without the gun in McDonalds, bringing his weapon, just made him more brave. What if children was there having dinner? He would have jeopardized their safety. He didn't need to take his weapon with him, because he was not on duty. And remember, his co-worker did say that the locals don't like white people and he said don't worry he has his gun. Remember that?
on July 10,2014 | 07:41PM
Ldub20_Owl316 wrote:
My thinking is he brought it out of naivete, thinking Waikiki would be as dangerous as Washington, DC, where he was stationed before coming here. DC's got the highest murder rate this side of Chicago. Your chances of getting shot coming out of a bar drunk are just as high as your chances of getting shot while walking your dog sober. to top that off, he's working for the state department and his job is to be on details that protect Heads of State. Meaning that he is just as much a target as the heads of state he's assigned to protect. Having that gun might protect him from being yanked into a van and forced to give up security secrets or pass codes. VIP Head of State OPSEC info.
on July 10,2014 | 07:56PM
xxNOTxx wrote:
Deedy did not have any combat skills, the gun gave him his only strength. If he never had his gun, he would have never confronted Elderts.
on July 10,2014 | 08:17PM
hapaguy wrote:
TRUE DAT!
on July 10,2014 | 08:50PM
HonoluluHawaii wrote:
Just bull talk about locals not liking mainlanders. All people from everywhere are the same. I have exchanged with the following people via e-mail at HSA: Ferd Lewis, Erika Engle, Rob Shikina, David Shapiro and Derrick dePledge and spoken on the phone to Mark Coleman and Leila Fujimori. Also had forum exchange with Gene Park. All people have differing personalities, however to be a reporter I think one needs exceptional interpersonal communication skills.
on July 10,2014 | 09:11PM
Kalaheo1 wrote:
Star-Advertiser,
Thank you very much for live streaming these opening statements. It would great if you could continue to do so, but I don't know if that is even possible. Regardless, that you for the amazing coverage today.
on July 10,2014 | 08:57PM
HealthyandHappy wrote:
Who is he going to murder next?..
on July 10,2014 | 08:58PM
slowroll323 wrote:
This trial really isn't about Local versus Haole. Two drunk losers in separate, uncoordinated orbits randomly collided. Too bad in this incident, one of the orbiters survived. Fate is the Hunter!
on July 10,2014 | 09:20PM
DA_HANDSOME_CHINAMAN wrote:
I listened to the whole video. Deedy's attorney said he was trained to do a lot of things in different situations, but he couldn't protect himself against a 23 year old who was unarmed and was on drugs and drunk. Plus, he had to use his weapon to kill Eldert to stop him from bodily injury. As a martial artist, I was trained that a person who was drunk and angry gave me a better chance to subdue him (believe me, that is true), without harming anyone. Guess Deedy wasn't trained properly. There was also a lot of "fillers" in his opening statement, all not necessary to this case.
on July 10,2014 | 09:28PM
Ldub20_Owl316 wrote:
Anyone who thinks that there aren't policemen who falsify evidence and prosecutors who withhold evidence (in order to win) is ignorant. You can't deny that.
on July 10,2014 | 09:54PM
hapaguy wrote:
And anyone that thinks that Defense Attorney's don't twist the facts and lie and obfuscate to try to confuse the jury from the facts are delusional as well.....
on July 10,2014 | 11:18PM
Ldub20_Owl316 wrote:
What makes you think I trust them at everything? You only assert that I do to take the heat off of you and your BIAS for the prosecution.
on July 10,2014 | 11:51PM
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