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Deedy ends his bid for charge's dismissal in fatal shooting case

By Ken Kobayashi

LAST UPDATED: 10:36 p.m. HST, Jul 17, 2013

U.S. State Department special agent Christopher Deedy will withdraw his request for dismissal of his murder charge that was based on his contention that he was acting as a federal law enforcement officer when he fatally shot a Kailua man at a Waikiki restaurant in 2011.

Deedy's attorney, Brook Hart, filed the dismissal request in May last year, but recently notified Circuit Judge Karen Ahn during a private status conference that he would be withdrawing the motion, according to the court file.

The reason was not listed in the court minutes of the meeting. Hart has declined to comment.

Deputy Prosecutor Janice Futa also declined comment on the latest development.

The withdrawal clears the way for the start of what is expected to be a lengthy jury selection and murder trial. Jury selection had been scheduled to start April 1, but has been delayed until later in the month.

The withdrawal also means there will be no pretrial hearing on the motion, which might have turned into a minitrial that would parallel evidence presented at trial.

Deedy would have had a chance to testify for the first time about the shooting to bolster his defense that he was acting as a law enforcement officer.

The hearing might also have included the release of a surveillance video recording of the shooting.

Withdrawal of the motion would mean that Deedy and Hart will be giving up the defense under the U.S. Constitution's Supremacy Clause, barring state prosecutions of federal law enforcement officers acting in the scope of their duties.

Deedy's defense at trial is expected to be that he was acting to protect himself.

Deedy, 28, a Virginia resident here to provide security for the Asia-Pacific Economic Cooperation conference, is charged with murder and a related firearms offense.

He is accused of shooting Kollin Elderts, 23, in the chest at about 2:45 a.m. Nov. 5 at the McDonald's restaurant on Kuhio Avenue with his service weapon.

In pretrial documents, city prosecutors say Deedy appeared "intoxicated" after a night of drinking and bar hopping and became the aggressor who started an altercation.

According to prosecutors, Deedy kicked Elderts and repeatedly told him he was going to shoot him "in the face."

The defense's position outlined in court documents contends it was Elderts who was the aggressor. Hart's filings said an intoxicated Elderts called Deedy a "f------ haole" and challenged him to a fight.

Hart said Deedy identified himself as a law enforcement officer, but Elderts attacked Deedy, who felt compelled to fire in self-defense.

Hart's motion last year sparked a controversy when he filed an exhibit of the McDonald's surveillance video recording.

Court filings are open to the public, but Ahn granted a request by city prosecutors to seal the video despite objections by Hart and the Honolulu Star-Advertiser, its television partner, Hawaii News Now, and online news site Hawaii Reporter.

The hearing and trial have been repeatedly postponed. One reason was Hart sought to transfer the case to federal court. Later, Ahn asked the lawyers to submit legal arguments on whether she or a jury should decide on the motion.

Both the defense and prosecution said the judge should decide.

Another issue was whether the prosecution could use Deedy's testimony at the pretrial hearing at the trial.

Hart said in a court filing Deedy would testify in the pretrial hearing about his thoughts, intentions and beliefs before, during and after the shooting. He would also testify about what he heard, which is "crucial" because the surveillance video does not have sound, Hart said.

A new date for the start of jury selection has not been set, according to the electronic court file on Friday, but is expected to be sometime in the middle of the month. Jury selection could span weeks to ensure jurors can be fair because of extensive news coverage of the case.

Lawyers involved in other criminal cases say Ahn has notified them that she will be clearing her calendar through August for the case.

Deedy, who posted $250,000 bail, returned to his Arlington, Va., home and work at a desk job at the State Department.

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MalamaKaAina wrote:
Nothing new here folks, move along.
on March 11,2013 | 02:02AM
MalamaKaAina wrote:
Plea deal and probation or removal to fed court and dismissal.
on March 11,2013 | 04:48AM
Rivergrouch wrote:
This comment has been deleted.
on March 11,2013 | 07:56AM
MalamaKaAina wrote:
Rivergrouch keep collecting your outrageous paycheck from HTA and keep polishing your steel wheel.
on March 11,2013 | 01:29PM
localguy wrote:
You are right. Nothing new with your posts. We just skip right over them.
on March 11,2013 | 03:06PM
droid wrote:
Chris Deedy was off-duty and under the influence of alcohol when this altercation took place. As such, it is a well-established fact that he was not “acting as a federal law enforcement officer,” and his attorney knows it. If Mr. Deedy is going to play with big boy toys, he’ll have to face the consequences of his actions under the law. No sense in delaying this trial any longer.
on March 11,2013 | 02:05AM
false wrote:
So sad. Guns. Guns make a man, a man.
on March 11,2013 | 03:23AM
LittleEarl_01 wrote:
Whoa Droid! It hasn't been established, nor proven, that Deedy was under the influence of alcohol at the time of the incident. Only that he appeared to be "under the influence."
on March 11,2013 | 04:01AM
livinginhawaii wrote:
You are correct. The only evidence released to date proves that Elderts was an aggressive chronic. The defense is suggesting that he was also a racist but that too has not been established or proven.
on March 11,2013 | 07:55AM
allie wrote:
both may have been racists hon. Both had been drinking. Bad combo
on March 11,2013 | 08:11AM
hukihei wrote:
And at the end of the day, Elderts was unarmed. Sticks and stones may break my bones, but words will never hurt me. Too bad Mr. Deedy chose to pack a piece, drink, and then use his weapon at the local McDonalds very late in the night. It's one thing to throw words around, quite another to pull out your gun, aim and shoot another human being.
on March 11,2013 | 08:38AM
lee1957 wrote:
Don't kid yourself. One not need to be armed to present a threat of death or serious bodily harm. Last week SA had an article on a man convicted of murder for a one punch fight.
on March 11,2013 | 11:36AM
livinginhawaii wrote:
Good point. What many fail to understand through inexperience is the danger an aggressive chronic can pose, especially when they are unarmed.
on March 11,2013 | 12:58PM
hapaguy wrote:
Wrong livinginhawaii and LittleEarl! Evidence produced in the Grand Jury trial showed that DEEDY WAS THE AGGRESSOR that is why the state was able to get an indictment on Deedy. I trust that our Prosecuting Attorney's will provide enough evidence at trial that will send the cowardly Deedy away for a long, long time....
on March 11,2013 | 04:06PM
Denominator wrote:
Depends on which evidence you go by. Evidence produced also showed Elderts as the agressor. If Deedy didn't have a gun, he might have been killed, at least hurt bad.
on March 11,2013 | 04:57PM
hapaguy wrote:
I stand by what I said. An Oahu Grand Jury saw fit to indict Deedy on two seperate flony counts: murder in the second degree, and the use of a firearm in the commission on a seperate felony. I trust in our prosecuting attorney's office that they saw enough evidence to pursue these charges against the cowardly Deedy who shot an unarmed local boy to death.
on March 11,2013 | 05:49PM
allie wrote:
true..he was NOT acting officially. Elderts, a white man who had been drinking also, did not help his case with his alcohol-fueled aggression. Bars should stop selling drinks to men like this
on March 11,2013 | 08:15AM
teotwawki wrote:
White man can't drink.
on March 11,2013 | 09:26AM
loio wrote:
the reality is that white man can drink, it's the others that canna handle (you know, red face violent kine). the 'victim' looks like a thousand 'local' no account thugs I've experienced or seen living in Hawaii for the last 32 years. i love hawaii, but folks be honest ---> we have a lot of useless scum lathat out there. i don't know, and can't know, what happened. probably both of these guys were loaded, and the wannabe moke acted like we so often see folks like him act. ignorant, uneducated, monosyllabic, etc. i've been in hawaii too long not to look at that picture of the "victim" and think "hmmmm, I know what might've happened here". wake up hawaii.
on March 11,2013 | 06:19PM
AmbienDaze wrote:
agree. i'm thinking if i were in that mcdonald's looking at the menu on the wall and looked eye level and made eye contact with the guy for anything more than two seconds admiring his hair, it could have lead to "what, you f***ah, what you looking at, like beef??? so i don't go anywheres after midnight. nothing good happens after midnight.
on March 11,2013 | 07:54PM
etalavera wrote:
Release the tape!
on March 11,2013 | 04:07AM
Mythman wrote:
Risk is in putting the United States on trial in a Hawaii hostile to it due to decades of propaganda put out by the restore the monarchy ali'i trust helpers....
on March 11,2013 | 04:16AM
Lanikaula wrote:
such BS!
on March 11,2013 | 07:44AM
hilocal wrote:
Mythman, I was indoctrinated by decades of propaganda put out by the local media led by the former long-time owner-publisher of the Advertiser whose grandfather was a leader of the overthrow. It's been one decade, since 1993, that I've begun to learn the real history, with documentation of what happened. I'd say most of the 80% non-Hawaiian population still accepts the propaganda myths. btw, I'm not Hawaiian.
on March 11,2013 | 07:47AM
hapaguy wrote:
Here Here!
on March 11,2013 | 07:51AM
allie wrote:
on March 11,2013 | 08:11AM
allie wrote:
"real" story? You have been fed a line hon.
on March 11,2013 | 08:14AM
hapaguy wrote:
hilolocal is correct. Thurston Twigg-Smith is indeed the grandson of one of the major players in the illegal overthrow. His grandfather is Lorrin Thurston and his newspaper routinely manipulated the truth to cover for his grandfather and the other Americans that were involved in the overthrow
on March 11,2013 | 04:12PM
allie wrote:
every overthrow is "illegal" hon including the overthrow of English rule by American revolutionaries like George Washington.
on March 12,2013 | 05:43AM
Fred01 wrote:
You are dumb.
on March 11,2013 | 03:42PM
wiliki wrote:
I hope there is nothing wrong with Harts health.... Going for dismissal seems a reasonable thing to do and shouldn't he continue to do that? Local juries will certainly not be a peer of the agent. He's from the outside. I don't see how he can get a fair trial.
on March 11,2013 | 07:54AM
Bully wrote:
Brook Hart filed the motion almost and year ago and the judge has not found the time to make a ruling. The justice system is so pathetic.
on March 11,2013 | 09:21AM
false wrote:
That's hawaii justice system for you.
on March 11,2013 | 01:34PM
localguy wrote:
Nice try Deedy but no good. You know you were not following your directions for an off duty officer. You were packing and you were drinking. Something no professional peace officer would ever do. Point is at that time you were not a professional, acting like a rent a cop. So it looks like you will soon have a new home and lots of new friends. I understand former law enforcement officers are very, very popular in prison. Especially after lights out. Be afraid of prison, be very afraid.
on March 11,2013 | 03:06PM
Bdpapa wrote:
They will send him to a Federal Prison because of his status.
on March 11,2013 | 03:20PM
kailuabred wrote:
Good riddance to a local loser
on March 11,2013 | 06:07PM
He was drunk and fired his weapon in a family restaurant, that's bad enough. Protecting himself? I don't think so. From what I read, he is guilty "period".
on March 11,2013 | 07:10PM
SomebodyElse wrote:
I thought Deedy refused a blood test, so there is no evidence proving he was intoxicated, though there may be some who can testify that he had been drinking that night. Elderts alcohol/drug consumption was tested after his death. I don't understand how you can test the person killed, but not the one who pulled the trigger. Seems it should be automatic for both in situations of a capital crime.
on March 11,2013 | 07:49PM
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