POSTED: 12:40 p.m. HST, Jul 29, 2014
LAST UPDATED: 6:38 p.m. HST, Jul 29, 2014
U.S. State Department Special Agent Christopher Deedy pointed out for jurors Tuesday afternoon where in security video he says he was showing his badge before a deadly scuffle with a 23-year-old Kailua man.
Security video from the Nov. 5, 2011, incident at the Kuhio Avenue McDonald's restaurant shows Deedy with his hands outstretched in front of him but what he may have been holding is unclear.
Deedy, 30, claims he shot Kollin Elderts in the Waikiki restaurant in self defense. He is being retried on murder charges after his first trial ended with a hung jury in August. Tuesday's testimony was the first time the defendant took the stand in his retrial.
He said he showed Elderts his badge and identified himself as a law enforcement officer because Elderts had told him, "(Expletive) haole, you like beef too?" When he responded to Elderts, "Nobody wants to fight you," he said Elderts shot back, "I'll (expletive) you up."
Deedy said he had approached Elderts in the restaurant because he could see that a potentially violent situation involving Elderts and his friend Shane Medeiros on one side and another customer on the other was escalating. Deedy said Medeiros looked at his badge when he showed it to Elderts.
He said instead of calming down, Elderts "flipped a switch" and became irate, as though he was on a stimulant. He said Elderts told him, "You won't arrest me. You got a gun? You going to shoot me?"
Deedy said Elderts then began moving forward.
The trial ended for the day before testimony about the actual shooting. Deedy will return to the stand on Wednesday.
Earlier Tuesday, the state jury in Judge Karen Ahn's court heard another defense witness testify that she saw Deedy show Elderts what may have been his credentials before the shooting.
Jessica West testified she saw Deedy lean over the table at which Elderts was seated. "(Deedy) reached into his back pocket, pulled something out that looked to be, to me, like a wallet or something of that sort and then presented it face forward to the man sitting at the table," West said.
She said she didn't hear what Deedy said or saw what he presented Elderts.
At that time, West said, she didn't know that Deedy, her boyfriend's college roommate, was a federal law enforcement officer.
She testified that whatever Deedy said appeared to anger Elderts.
"(Elderts) had a scowl on his face. Shortly thereafter he got up and, puffed out his chest and aggressed toward Chris," she said.
She said she also heard Elderts say "something about a gun."
West said she didn't see Deedy shoot Elderts because she was focused on trying to stop Elderts' friend Shane Medeiros from beating up her boyfriend, Adam Gutowski.