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Agent's intoxication key issue

The defense says the federal officer was not drunk and that he fired his gun in self-defense

By Ken Kobayashi / Sarah Zoellick

LAST UPDATED: 06:22 p.m. HST, Jul 31, 2013

A Honolulu police officer testified Monday that State Department special agent Christopher Deedy smelled of alcohol, had glassy eyes, slurred his speech and had a hard time balancing himself after the 2011 fatal shooting of a Kailua man at a McDonald's restaurant in Waikiki.

Asked whether Deedy appeared to be under the influence of alcohol, officer Kaleo Hosaka replied, "Based on my opinion, yes."

Hosaka took the stand Monday at the start of Deedy's trial on charges that he murdered 23-year-old Kollin Elderts at the fast-food restaurant on Kuhio Avenue early on Nov. 5, 2011.

He was among the first three prosecution witnesses testifying on whether Deedy was drunk and on State Department regulations about federal law enforcement agents drinking alcohol.

Whether Deedy was intoxicated looms as a key issue in the trial, which focuses on whether the special agent was justified in firing a fatal shot to Elderts' chest.

The defense said Deedy refused to take a breath test for alcohol after police did not allow him to make a phone call to a supervisor.

Deedy, 29, an Arlington, Va., resident free on $250,000 bond, was here to provide security for the Asia-Pacific Economic Cooperation conference.

The shooting drew massive media coverage, much of it framing the conflict as between a mainland federal agent and a local.

Relatives and friends of Deedy and Elderts watched the trial's opening from Circuit Judge Karen Ahn's courtroom gallery, which overflowed with spectators.

Deedy wore a suit and tie and sat quietly, sometimes jotting notes and whispering to his attorneys. At McDonald's, Deedy wore shorts, a polo-type shirt and slippers.

The defense and prosecution gave conflicting accounts during opening statements about what happened early that Saturday at the restaurant and whether Deedy was drunk.

Deputy Prosector Janice Futa told the jury that Deedy was driven by "alcohol, inexperience and the unmitigated power of a gun."

She did not say how much alcohol Deedy consumed, but said he had been at bars in Chinatown and Waikiki before the shooting.

Deedy's defense attorney, Brook Hart, said in his opening Deedy drank some beers but was not drunk when he shot an intoxicated Elderts in self-defense.

Hosaka testified he transported Deedy from McDonald's to the Queen's Medical Center for treatment for a possible broken nose and then to the police receiving desk.

The officer said he could smell alcohol on Deedy's breath.

"He had a hard time balancing," Hosaka said.

But under defense questioning, the officer acknowledged that Deedy's eyes did not appear to be red or glassy in photos taken of the agent at the hospital.

Hosaka added, though, that suspects' eyes can be red and glassy when they get arrested but not when they are later booked.

To bolster the contention that Deedy was not drunk, the defense showed Hosaka and the jury a video taken from a cellphone by a passer-by that showed Deedy standing still while being handcuffed at the restaurant after the shooting.

Kamahuialani Barbett, a bartender at Coconut Willy's, on Lewers Street at the time of the shooting, testified Deedy paid a tab of $52.75 for four drinks of vodka and bourbon, four beers and a glass of wine.

But Barbett said she did not see Deedy drink and could not say for sure how many people were drinking with him.

During her opening, Futa suggested the drinks were for Deedy and his two friends, but Hart told the panel that others also bought drinks on Deedy's tab.

Matthew Golbus, who is in charge of the State Department's Diplomatic Security Service office in Hono­lulu, testified that the State Department Foreign Affairs Manual prohibits agents from carrying firearms while drinking or six hours prior to being armed.

But he said federal law prohibits agents only from carrying firearms while under the influence of alcohol.

"I would say that it's not (department) policy to carry (while drinking), but the federal authority is a separate issue from the FAM," he said.

When asked by the defense whether the federal statute that permits federal agents to carry concealed firearms off-duty prevents agents from consuming alcohol while armed, Golbus replied, "No, it does not."

Golbus also testified that the manual is not law and cannot override federal law, and said that the manual applies to agents only when they are on duty on a domestic assignment.

In her opening, Futa said Elderts was celebrating the birthdays of two friends and ended up at McDonald's after also drinking in Chinatown.

She said Elderts was in a "very good mood," laughing and joking with another customer who was "very drunk."

The prosecutor said in the moments leading to the altercation, Deedy told Elderts, "Acting like that is going to get you shot."

"Do you want to get shot?" Deedy asked Elderts, she said. "I'm going to shoot you."

Futa said Elderts either punched or slapped Deedy, who fell backward, got up and fired his gun at Elderts at close range.

Elderts lunged at Deedy, and two more shots were fired before Elderts fell on Deedy, who was on the floor, Futa said.

Hart told the jury that Elderts attacked Deedy, drove him into the back corner of the restaurant, grabbed Deedy's gun, mounted him and started beating him in the face before Deedy fatally shot him.

"Agent Deedy acted responsibly in self-defense as a federal agent when he did what he did," Hart said. "And the evidence will show that he used a number of measured steps to try to sway Mr. Elderts" from the violent assault.

The agent delivered a "frontal kick" as he was trained to do, but Elderts knocked the agent to the floor, Hart said. When the agent drew his gun, Elderts attacked him and grabbed for the weapon, Hart said.

The first two shots didn't hit anyone, but the third shot was the fatal one, Hart said.

A half-dozen protesters lined Punchbowl Street on Monday morning near the front of the Circuit Court building, holding signs that said, "Justice for Kollin Elderts."

Liz Rees, who said she represents the protest group World Can't Wait, likened the court session to the murder trial of George Zimmerman in the death of Trayvon Martin in Sanford, Fla.

"It's really important to make the connection," she said. "We demand justice for Trayvon Martin and Kollin Elderts. They are both victims of a racist system."

There also was a line in front of Ahn's third-floor courtroom before the 9 a.m. opening session, with the clerk telling the crowd that everyone would not be seated.

Relatives and supporters of both Deedy and Elderts watched the trial but declined to comment.


Star-Advertiser reporter Gregg K. Kakesako contributed to this report.

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LMO wrote:
I don't understand why a blood alcohol test wasn't given. If Deedy refused a breath test, a BAH, taken when he was at the hospital, would have resolved much of this issue. Now it's all guesses because HPD did not do the right thing.
on July 9,2013 | 02:13AM
droid wrote:
Is Deedy considered “in police custody” while being treated at the hospital? I’m not a lawyer, but I would think that HPD can’t just order hospital staff to draw his blood (especially with all these new HIPAA laws). That being said, HPD still could have done it when Deedy was booked at the cellblock.
on July 9,2013 | 02:29AM
kailua000 wrote:
had HPD allowed him to call his supervisor, he probably would have been told to take the test.HPD's fault.
on July 9,2013 | 03:25AM
kiragirl wrote:
So this means making a phone call is an absolute before a BAC can be administered? I thought refusal is just about admission of being drunk regardless of the phone call?
on July 9,2013 | 03:34AM
false wrote:
Somewhere it was said, "Deedy called his lawyer and no blood could be drawn". That was a legal move to undo the state's case on being intoxicated. The simple addition of the number of bars visited and the collection of bar receipts should be testimonial enough. Hours vs. total tab divided by the number in party equals average per person. Total conjecture but it's a base.
on July 9,2013 | 06:12AM
wiliki wrote:
Indeed... Deedy could have been the "designated driver" or trying to stay sober because he was on call for duty. I drink diet coke or pepsi when I go out. May have a drink or two, but that's it.
on July 9,2013 | 08:17AM
allie wrote:
no, this will not wash in court. They need hard proof of intoxication. Even then, if he was drunk but still defending himself he could get off this charge
on July 9,2013 | 08:37AM
kainalu wrote:
Negative. A federal officer, he is not allowed to be carrying a weapon within an 8-hour period while consuming alcoholic beverages. Otherwise, all they would need is the testimony of someone that served him drinks, perhaps witnessed him consuming them.
on July 9,2013 | 03:00PM
lee1957 wrote:
The standard of proof for a conviction is beyond a reasonable doubt.
on July 9,2013 | 11:34AM
false wrote:
Conjecture yes, but it still needs to be proven that he was drunk.
on July 9,2013 | 12:42PM
k070267 wrote:
Off duty officer calls a union rep before they do a test..... should of let him call his sup.....
on July 9,2013 | 08:10AM
dontbelieveinmyths wrote:
That's only with suspicion of DUI. That's why I don't know how they get away with it (DUI breathalizer). Seems unconstitutional to me. Guilty until proven innocent? Back to the Deedy case. Why (as the headline says) is intoxication the key issue? Intoxications proves guilt? I thing the confrontation is more a key issue.
on July 9,2013 | 12:37PM
k070267 wrote:
on July 9,2013 | 08:08AM
Bdpapa wrote:
Bottom line, they cannot prove intoxication.
on July 9,2013 | 06:46AM
allie wrote:
on July 9,2013 | 08:37AM
kainalu wrote:
DON'T NEED TO PROVE INTOXICATION. As a federal agent, he is not allowed to be carrying his firearm while consuming alcoholic beverages. All they need to prove is that he consumed an alcoholic beverage - then he's already at the least, violated that aspect of the law.
on July 9,2013 | 03:02PM
lee1957 wrote:
And by the prosecutor's opening statement, it appears intoxication is the foundation of their case.
on July 9,2013 | 11:35AM
false wrote:
Hmmmmm... may not be the best strategy.
on July 9,2013 | 12:45PM
allie wrote:
on July 9,2013 | 02:44PM
KeithHaugen wrote:
It might have been special treatment by HPD, as they assume that Deedy was a "fellow law enforcement officer" and they can do no wrong. He should not have been carrying a gun while out drinking, bar-hopping in the wee hours.
on July 9,2013 | 07:35AM
wiliki wrote:
He was on-call, so he probably had to be ready for duty if called. He can't say that he has to go back to his room to dress and arm himself.
on July 9,2013 | 08:18AM
Kalaheo1 wrote:
wiliki wrote: "He was on-call, so he probably had to be ready for duty if called."

If he was on call, then he never, ever should have been drinking.

Being full of beer is NOT "ready for duty."

"Deedy's defense attorney, Brook Hart, said in his opening Deedy drank some beers...."

on July 9,2013 | 01:14PM
wiliki wrote:
He can report in. He just should not use his gun except in self-defense-- as he did against Eldert.
on July 9,2013 | 05:15PM
Kalaheo1 wrote:
I don't think you know what "on call" means. It means ready for work, at 100%. Seriously, ask you doctor how much alcohol he drinks on nights that he is "on call."
on July 9,2013 | 10:40PM
Mypualani wrote:
I really like the way you think and post, I cannot rap my mind around the defense stating "well he had a couple of beers but he was not under the influence" minimizing for sure. And trying to release the video to the public to taint the jury pool here in Hawaii because Deedy won't get a fair trial !!! this guy is unreal I just hope and pray that the Jury will see through the BS and Justice is served.
on July 11,2013 | 05:08AM
allie wrote:
agree. If nothing else, Deedy needs to be fired for gross negligence and unprofessional conduct. No way he should have a weapon when he is drinking. What an utter tragedy for Eldert's family and what utter nonsense the do-nothing embarrassment of a "summit" meeting was.
on July 9,2013 | 08:36AM
UhhDuhh wrote:
Stick to the article. APEC did not kill Elderts so stop whining about it.
on July 9,2013 | 09:14AM
allie wrote:
No APEC and he is not here to show his gross incompetence
on July 9,2013 | 10:37AM
false wrote:
Just like no MacDonald's and it would never happen?
on July 9,2013 | 12:46PM
NanakuliBoss wrote:
Deedy can refuse a blood test at the hospital. As an agent, he understands that he was drunk, or was consuming liquor and had a right to refuse a blood test.
on July 9,2013 | 08:51AM
Mana07 wrote:
No way Deedy gets a fair trial in the racist state of Hawaii
on July 9,2013 | 05:12AM
false wrote:
Stop already. It's a condition of the social mix of the community whether here or on the continent. Don't fool yourself, prejudice of every kind lives in all of us. It just depends on the history you have lived and circumstances of the present. Deedy got himself into this mess because he was arrogant bolstered by a weapon of mass destruction. Lucky only Elderts was killed. Some little kid might have and some other innocent visitor. Deedy had no right to kick Elderts over words. Those kinds of words happen here and on the continent, as in "Chink, get off the road". Stop with Hawaii is a place of prejudice. So is Austrailia, New Zealand and California. Florida?
on July 9,2013 | 06:17AM
KeithHaugen wrote:
The feds hoped to move the trial to some other venue where they could control the outcome.
on July 9,2013 | 07:36AM
wiliki wrote:
Where he can be judged by his peers..... Besides I'd like to see if the City can find a federal prosecutor who will take the case.
on July 9,2013 | 08:21AM
allie wrote:
on July 9,2013 | 08:38AM
noshortcuts wrote:
haha just like the other 49
on July 9,2013 | 07:55AM
sayer wrote:
Hawaii is not racist. I believe he will get a fair trial.
on July 9,2013 | 08:07AM
allie wrote:
on July 9,2013 | 11:33AM
false wrote:
You're right its just that some don't care for certain races.
on July 9,2013 | 12:48PM
allie wrote:
Elderts was mainly white hon. Check the backstory
on July 9,2013 | 02:45PM
wiliki wrote:
We're not racists, but I agree. The news media seems biased against him. What will the public think after all these reports.
on July 9,2013 | 08:19AM
false wrote:
Got to sell papers.
on July 9,2013 | 12:48PM
Morimoto wrote:
If you say that then you can say the same about all trials across the world where the defendant is a different race than the victim. Everyone is racist to a degree, it's a product of society. It's just a matter of degree and how it manifests itself.
on July 9,2013 | 11:01AM
bodysurf_ah wrote:
on July 9,2013 | 01:33PM
Mythman wrote:
Agent wasn't drunk but they are trying to make it look like he was drunk too as this is the only case they have. HPD office did not administer a balance test yet still gave his conclusion, err, his "opinion"..."He had a hard time balancing," Hosaka said. The protestor trying to tie the two cases together is projecting her own personal opinion, or, bias, to advance her own agenda, regardless of how much of a tragedy this is for both families. The state department ought to be discussing with Michael Green how much they are going to compensate the family irrespective of this trial for the unnecessary death after calculating how much did Deedy contribute through his behavior to that death, in my opinion. It's amazing we can have this trial here and a testament to the trial skills of Mr. Hart.
on July 9,2013 | 05:57AM
Kate53 wrote:
If he didn't drink the four drinks of vodka and bourbon, four beers and a glass of wine, the defense should be able to call those people who helped him drink all of that to testify.
on July 9,2013 | 06:16AM
allie wrote:
I do not like to even be around men who drink!
on July 9,2013 | 02:46PM
AmbienDaze wrote:
i do not think you even like to be around men.
on July 9,2013 | 03:53PM
wiliki wrote:
For the police, it's hard to take back what you say once you've said it....
on July 9,2013 | 08:22AM
false wrote:
and especially for the jury to ignore it.
on July 9,2013 | 12:52PM
PTF wrote:
Watching a video clip from another news site shows a bloodied Deedy being frisked and then handcuffed. In the video Deedy didn't seem to have a balancing problem while being frisked and handcuffed by HPD.
on July 9,2013 | 08:34AM
saveparadise wrote:
Good point. Also, almost anyone that has been in a fight will have red eyes from the anger and extra blood flowing. I've seen people look drunk from just being angry and shouting ready to fight. You would be dazed too if someone had false cracked you and pounded your face. Apparently Elderts can beef but he picked the wrong guy to bully on this night. Very unfortunate for all involved.
on July 9,2013 | 08:50AM
false wrote:
Good post
on July 9,2013 | 12:51PM
yhls wrote:
Manoa 7, let the facts speak for themselves, instead of high-paid attorneys. You sound the racist. Guns and ANY amount of alcohol don't mix. There's no question the agent was drinking the night of the shooting. The only question is how much. At the very least he shouldn't be in any type of law enforcement position that allows him to carry a weapon. He's proved he's unworthy of the public's trust.
on July 9,2013 | 06:20AM
wiliki wrote:
Please, if the victim had been successful in taking Deedy's gun, the Deedy would certainly be dead.
on July 9,2013 | 08:23AM
saveparadise wrote:
Wow Wiliki, we actually agree on something! Listen up people, any fight is a fight for your life. Better believe it. Put yourself in the participant's shoes. If you are Elderts, stop the tough guy attitude and comply with the officer. If you are Deedy and a perp is going for your gun then what you gonna do??? Both guys felt they had to do what they had to do and this was a final destination chapter for one of them.
on July 9,2013 | 08:55AM
hapaguy wrote:
You are completely brainwashed by the defense attorney's version of events. Our Prosecutors office has stated that Deedy approached Elderts who was sitting down awaiting his food order. Words were exchanged and Elderts stood up and Deedy struck the first blow by "thrust kicking" Elderts in the stomach. Deedy even moved around Jessica West, who was trying to intervene, in order to strike the first blow. Elderts got up and punched Deedy in the face. That's when the coward drew his gun and shot Elderts in cold blood. At no time did Elderts attempt to grab Deedy's gun. There has been no eyewitness report or testimony that Elderts tried to grab Deedy's gun. That is just fiction that the defense is putting out there....
on July 9,2013 | 10:12AM
Jonas wrote:
Re-read the article above. That is not what the prosecutor's office stated in the trial.
on July 9,2013 | 11:50AM
false wrote:
Just goes to show many people have made up their minds up.
on July 9,2013 | 12:55PM
hapaguy wrote:
It was reported in a Nov. 28, 2012 Star Advertiser article headlined "Agent labeled as aggressor in shooting" that City Deputy Prosecutor Janice Futa filed papers with the court that stated what I quoted above. Here is a link to that article: http://www.staradvertiser.com/newspremium/20121128__Agent_labeled_as_aggressor__in_shooting.html I trust in our HPD and our Prosecutors office that they know what they are doing. History shows that they almost always side with law enforcement in situations such as this. The evidence must be damning against Deedy for them to indict Deedy and put him on trial for murder.....
on July 9,2013 | 01:28PM
hapaguy wrote:
It's not in this article. It's in an article from Nov. 28th, 2012 headlined "Agent labeled as aggressor in shooting"....Google it!
on July 9,2013 | 01:37PM
wiliki wrote:
Indeed, this is the prosecutor's version...

She said Elderts was in a "very good mood," laughing and joking with another customer who was "very drunk." The prosecutor said in the moments leading to the altercation, Deedy told Elderts, "Acting like that is going to get you shot." "Do you want to get shot?" Deedy asked Elderts, she said. "I'm going to shoot you."

"Futa said Elderts either punched or slapped Deedy, who fell backward, got up and fired his gun at Elderts at close range.

"Elderts lunged at Deedy, and two more shots were fired before Elderts fell on Deedy, who was on the floor, Futa said.

on July 9,2013 | 05:17PM
Denominator wrote:
see the tapes?
on July 9,2013 | 12:39PM
Kalaheo1 wrote:
wiliki wrote: "Please, if the victim had been successful in taking Deedy's gun, the Deedy would certainly be dead."

But if Deedy had left the gun at home before going bar hopping, they'd probably both still be alive.

I've yet to hear anyone testify that Deedy showed a badge or identified himself as law enforcement. And who ever heard of State Department special agents arresting drunk and disorderlys anyway? I guarantee you they don't do that back home in DC.

on July 9,2013 | 01:19PM
engineersoldier wrote:
Completely agree.
on July 9,2013 | 08:32AM
allie wrote:
Truth is, the MacDonald's owner should provide paid security after hours. He or she is way too cheap. If you stay open this late, you ened to pay for basic security. Eldert's is no hero but he might be alive if a guard had squelched the argument before it started.
on July 9,2013 | 11:35AM
false wrote:
on July 9,2013 | 12:55PM
allie wrote:
very relevant
on July 9,2013 | 02:47PM
allie wrote:
on July 9,2013 | 02:47PM
etalavera wrote:
"Futa said Elderts either punched or slapped Deedy, who fell backward, got up and fired his gun at Elderts at close range. Elderts lunged at Deedy, and two more shots were fired before Elderts fell on Deedy, who was on the floor, Futa said." So the prosecutor admits that Elderts (who was previously convicted of assault & DUI, along with testing positive for marijauna & cocaine) delivered the first blow. Hmm...
on July 9,2013 | 06:20AM
KeithHaugen wrote:
If he had not been carrying a gun, we would not be having a murder trial. There must be some fed regulations banning the carrying of a loaded weapon when out partying, drinking, bar-hopping in the wee hours. If there isn't, there should be.
on July 9,2013 | 07:38AM
wiliki wrote:
He was on call. Whether he drank too much is up to the prosecution to PROVE.
on July 9,2013 | 08:25AM
aomohoa wrote:
It seems to me when he is on call that one drink is not OK. I wonder what the rule is on that?
on July 9,2013 | 09:03AM
wiliki wrote:
It is not the question of the this thread which is excessive drinking....
on July 9,2013 | 05:04PM
Kalaheo1 wrote:
wiliki wrote: "He was on call. Whether he drank too much is up to the prosecution to PROVE."

If he really was "on call" and that's not something you just made up, then he absolutely should NOT have been drinking ANY alcohol.

Ask your doctor how many beers he drinks on nights that he is on call. He will tell you ZERO.

Even the defense lawyer admits he was drinking.

on July 9,2013 | 12:18PM
wiliki wrote:
I disagree. When he is off duty, he just needs to be prudent.
on July 9,2013 | 05:04PM
hapaguy wrote:
It's not very "prudent" to be bar hopping and drinking when you are "on-call".....
on July 9,2013 | 08:59PM
Kalaheo1 wrote:
On call is NOT off duty.
on July 9,2013 | 09:00PM
joyce1 wrote:
Hmmm...What if Elderts had landed on top of Deedy after attacking him and rained down punches MMA style? Such an attack could have resulted in death. No weapon needed in that situation.
on July 9,2013 | 09:19AM
lee1957 wrote:
Perhaps Elderts would be on trial for manslaughter? Its too hard to agree with your conclusion.
on July 9,2013 | 11:41AM
hapaguy wrote:
No Deedy struck the first blow by "thrust kicking" Elderts in the stomach. THEN Elderts gets up and "...either punched or slapped Deedy..."
on July 9,2013 | 10:16AM
etalavera wrote:
Please learn to read. The prosecutor said Elderts delivered the first blow. Don't cite some news article from over 6 months ago. What really matters is what is said in court.
on July 9,2013 | 02:57PM
hapaguy wrote:
I know how to read thank you. What I quoted was the Prosecutors court filing from the article which states that Deedy threw the first blow.....get it straight.......
on July 9,2013 | 08:52PM
false wrote:
good point.
on July 9,2013 | 12:56PM
sailfish1 wrote:
According to this article, the prosecutor Futa said that Elderts threw the first punch or slap. In addition, HPD Hosaka's testimony is kinda suspect. After a fight and having shot a man, I would think that any person would have glassy eyes, slurred speech, and balancing problems. even if he wasn't drunk. In addition, the smell of alcohol could be from Elderts. Lots of unproven theories. Just show the videos.
on July 9,2013 | 06:25AM
KeithHaugen wrote:
After half a dozen drinks in a number of bars in Chinatown and Waikiki, I would think any person would have glassy eyes, slurred speech, balancing problems, and total disregard for the law. He should not have been carrying a weapon while out partying.
on July 9,2013 | 07:40AM
wiliki wrote:
He doesn't have to stay in his room and he does have to carry his gun if he is on-call. Being at a bar doesn't mean that anyone is drinking alcohol. I drink mostly diet.
on July 9,2013 | 08:28AM
Kalaheo1 wrote:
wiliki wrote: "He doesn't have to stay in his room and he does have to carry his gun if he is on-call. Being at a bar doesn't mean that anyone is drinking alcohol. I drink mostly diet."

It's too bad that you weren't the one with with the gun that night, because even Deedy's own defense lawyers admit that he had been drinking alcohol earlier that night.

"Deedy's defense attorney, Brook Hart, said in his opening Deedy drank some beers...."

on July 9,2013 | 12:22PM
wiliki wrote:
Does that mean two or three beers. Over a whole evening, I don't see a problem. And I can drink a six pack. Wont do that if I am going to be driving.
on July 9,2013 | 05:02PM
allie wrote:
on July 9,2013 | 08:38AM
saveparadise wrote:
Keith, Special agents were paid to be here. They are not here on vacation. They are not on call but considered on duty for the full duration of the time spent here.
on July 9,2013 | 08:59AM
hapaguy wrote:
Because he was on call that is precisely the reason he should not have been out drinking and barhopping with his old college roommate and his girlfriend.
on July 9,2013 | 10:18AM
wiliki wrote:
I agree... the videos showing the attack should be very revealing. No wonder Judge Ahn wanted them held from public view.
on July 9,2013 | 08:26AM
NanakuliBoss wrote:
She wanted the video held because of bloggers like those on this site. Wild speculations.
on July 9,2013 | 08:58AM
wiliki wrote:
At this point, we'll have to wait and see.
on July 9,2013 | 05:00PM
control wrote:
or they are holding the video back because it shows that Elderts was the agressor. they wanted to build a case against Deedy but so far haven't shown anything that proves that he wasn't justified in shooting elderts.
on July 9,2013 | 09:29AM
hapaguy wrote:
No they didn't want the video released because they want to prevent the defense from claiming bias once Deedy is found guilty of murder. It's a preemptive move by our Prosecutors office. Do you really think that HPD and our prosecutors office would have brought charges against Deedy if the video shows Elderts was the aggressor? No way!. HPD and our prosecutors office will always side with law enforcement if that were the case....
on July 9,2013 | 10:22AM
wiliki wrote:
We shall see....
on July 9,2013 | 04:59PM
hapaguy wrote:
This article left out that Deedy threw the first blow by "thrust kicking" Elderts in the stomach. Then Elderts gets up and defends himself by punching Deedy in the face....Deedy struck the first blow....
on July 9,2013 | 10:17AM
lee1957 wrote:
Well then, it seems to be an open and shut case.
on July 9,2013 | 11:43AM
hapaguy wrote:
Yes it should be. Deedy was a coward who drew his gone after he couldn't finish what he started. Deedy shot Elderts in cold blood.....
on July 9,2013 | 01:31PM
Mythman wrote:
I would hate to be on trial in a state court for jaywalking much less anything else. I would run like Hell to get out of here if I ever had to be subjected to the local system.......
on July 9,2013 | 06:51AM
mokebla wrote:
This agent is not exempt from any blood test, HPD drop the ball. If an empolyee get into an accident a blood test is requested, a shooting is not exempt. Drinking and carrying a conceal weapon is a no no. But Hawai'i liberal lawmakers will let this agent kill again.
on July 9,2013 | 06:55AM
kailuabred wrote:
The jury makes that decision, not any "lawmakers"
on July 9,2013 | 10:41AM
BigOpu wrote:
Hmmm. There's a huge difference between Trayvon Martin and Elderts. Trayvon wasn't a thug with Police history who attacked his killer.
on July 9,2013 | 06:58AM
livinginhawaii wrote:
Hopefully the public will be allowed to see the video at some point as that should support one of the two sides.
on July 9,2013 | 07:28AM
Kalaheo1 wrote:
Civil Beat said yesterday that the video is blurry and choppy. I suspect it will support whatever preconceptions the viewer brings to it.
on July 9,2013 | 12:23PM
KeithHaugen wrote:
Regardless of the outcome of the trial, I hope the feds will put in place some new guidelines for their employees (and not just for young, inexperienced ones). Make it a felony for them to carry a weapon when out bar-hopping and drinking alcohol. It would seem to be common sense, but apparently it is not.
on July 9,2013 | 07:33AM
cojef wrote:
Don't get your hopes up high. Remember the State Department agents in South America, frequenting the the bordellos and brag about their escapades? When they are off-duty, they gotta let of steam. In strange environment, where is a safe place to store your arms, nowhere, unless you visit a police station?
on July 9,2013 | 08:03AM
allie wrote:
on July 9,2013 | 08:38AM
loquaciousone wrote:
State Department special agent Christopher Deedy smelled of alcohol, had glassy eyes, slurred his speech and had a hard time balancing himself >> Heck that sounds like me before my first beer.
on July 9,2013 | 07:46AM
noshortcuts wrote:
Ran into Deedy a couple times a few months ago out drinking and having fun with friends, acting like he did no wrong.
on July 9,2013 | 08:00AM
lee1957 wrote:
Any your point is?
on July 9,2013 | 11:44AM
bodysurf_ah wrote:
he's going down and he doesn't even know it, that's the point.
on July 9,2013 | 01:35PM
wiliki wrote:
Definitely, the police claim that Deedy was way too drunk to control himself seems weak. He was cogent enough to interveen when a way out of control Eldridge harassed other customers and eventually attacked Deedy. Pictures and video of Deedy at the time do not justify a drunken out of control person in Deedy. The police are way out of line.
on July 9,2013 | 08:13AM
hapaguy wrote:
wiliki way to buy the defense attorneys version of events hook, line, and sinker....Deedy was the aggressor so says our Prosecutors office. Deedy approached Elderts, Deedy struck the first blow a "thrust kick" to the stomach and Deedy pulled the trigger when he was on his back after Elderts defended himself and punched Deedy in the face.
on July 9,2013 | 10:25AM
wiliki wrote:
Of course he "approached" Eldert who was harassing another customer. That's what the police do-- even the feds. We'll see what the videos show of the conflict. I doubt that Deedy has struck the first blow. He's had enough training that he should know better.
on July 9,2013 | 04:54PM
hapaguy wrote:
well wiliki I guess you know better than the Prosecutors office then because that's all I have been quoting, the Prosecutors version of events which states that Deedy threw the first blow......
on July 9,2013 | 08:55PM
Mypualani wrote:
wow wiki what a load...
on July 11,2013 | 05:27AM
silvangold wrote:
YES - Deedy will rise above all; if it truly is wrong, then the "right" people DID NOT DO THEIR JOBS! get rid of THEM not anyone else!
on July 9,2013 | 11:14AM
Kalaheo1 wrote:
wiliki wrote: "Definitely, the police claim that Deedy was way too drunk to control himself seems weak. He was cogent enough to interveen when a way out of control Eldridge harassed other customers and eventually attacked Deedy."

If he was that out of control, then surely you would expect some 911 calls before the fight. I don't believe there were any. If Elderts was that out of control, don't you think someone... maybe McDonald's employees would have called the police?

Sadly, this sounds more like two drunks mixing it up, and one pulled gun. I'm just glad the two shots that missed didn't kill anyone else.

on July 9,2013 | 12:28PM
wiliki wrote:
The police were called. I suspect the employees called when the harassing by Eldert got started.
on July 9,2013 | 04:56PM
Kalaheo1 wrote:
wiliki wrote: "The police were called. I suspect the employees called when the harassing by Eldert got started."

If so, that's the first I've heard of it. Did you just make that up?

on July 9,2013 | 09:01PM
control wrote:
While some posters are harping on Deedy's level of intoxication and whether he should have been carrying a gun at the time, many of us locals basically want to know if elderts was the agressor and if Deedy acted in self defense as the defense attorney is saying. Drunk or not, if Elderts was a menace to others then Deedy was justified in shooting. Let's hear the facts that led up to the shooting, does Elderts have a problem with violence? The good thing with this case is that there were witnesses and a video of the incident so hopefully we can see for ourselves who was the agressor and whether lethal force was justified. Unlike others, this isn't a case between haole and local, it is basically whether someone was a danger and threatening others or if an officer overstepped his bounds and shot someone, that the shooting was unjustified.
on July 9,2013 | 09:37AM
TLehel wrote:
I won't be surprised if he gets off with manslaughter. I mean, he's an FBI agent. Something is going to be done to reduce his sentence. The only way he'll get the conviction he deserves is if people keep protesting. If enough people show they won't stand for this, it forces the hand of government to throw their little man under.
on July 9,2013 | 10:22AM
allie wrote:
agree..I suggested this 3 months ago
on July 9,2013 | 10:38AM
GorillaSmith wrote:
When did he become an FBI agent? That is major news. It doesn't matter how many racist lemmings join these inane protests. I trust Judge Ahn to make sure this is a fair trial.
on July 9,2013 | 10:54AM
Morimoto wrote:
I'm actually expecting a manslaughter verdict. But really, since I'm not on the jury and don't have access to all the evidence I can't really say what he deserves. I wasn't there and there is only so much you can gain from media reports.
on July 9,2013 | 11:11AM
Morimoto wrote:
Although no blood alcohol test was taken, I'm wondering if the fact that Deedy was barhopping earlier in the night be enough to convince the jury that he was indeed drunk. I mean it's pretty hard to be barhopping all night and not be legally drunk at the end of the night, unless he was the designated driver, which I doubt. 3 drinks is all it takes for an average sized man to be legally drunk. To me common sense would tell me Deedy was legally drunk at the time if he did go to various bars earlier. If I had to put money on the outcome I'd say a manslaughter verdict will be reached.
on July 9,2013 | 11:18AM
loquaciousone wrote:
I understand that they're having a buy one get one free law degree at K-Mart. No need to rush because get plenty.
on July 9,2013 | 11:27AM
loquaciousone wrote:
I understand that they're having a buy one get one free law degree at K-Mart. No need to rush because get plenty.
on July 9,2013 | 11:27AM
Ulalei wrote:
Nothing good comes from eating at McDonalds in the wee hours. Should've gone Sorabol, only get stabbed there.
on July 9,2013 | 12:48PM
bodysurf_ah wrote:
These feds think they're such hot stuff when they get assigned to Hawaii.. Good for him and people like him.
on July 9,2013 | 01:38PM
sak wrote:
Bottom Line as I see it, "Did he identify himself as a Law Enforcement Officer at any time, and especially prior to saying he will shot someone"?
on July 9,2013 | 03:19PM
wiremechanic wrote:
you what is going to happen, he will be found guilty of manslaughter, and not the charges he is facing now, it will not matter that he was drunk and carrying a weapon. just saying, didn't Obama friend get off a rape charge?
on July 9,2013 | 03:25PM
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