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Agent threatened man repeatedly, witness tells jury

A man says he tried to calm the dispute that led to gunfire

By Ken Kobayashi

POSTED:
LAST UPDATED: 06:29 p.m. HST, Jul 31, 2013


A former Kaneohe Marine testified Tuesday that he did not hear or see U.S. State Department special agent Christoper Deedy identify himself as a law enforcement officer, but heard him repeatedly threaten to shoot a 23-year-old Kailua man who moments later was fatally shot in the chest.

Alexander Byrd testified he tried to calm down both Deedy and Kollin Elderts but stepped aside when he realized he couldn't stop what turned out to be the deadly altercation.

Byrd said he ran from the restaurant.

"I figured I got away with my life," he said.

Byrd is considered a key witness for the prosecution, his significance underscored by his presence on the witness stand Monday afternoon and all day Tuesday. Both the defense and prosecution tried to limit each side's questioning of the witness.

Byrd is the first prosecution witness to testify about seeing Deedy draw his gun and fire the first shot, which he said missed Elderts.

The two men, Byrd said, grappled with each other and then ended up on the floor.

Byrd said he did not see the fatal shot.

Deedy, 29, of Arlington, Va., who was here to provide security for the Asia-Pacific Economic Cooperation conference, is on trial on a charge of murdering Elderts with one of three shots fired at about 2:45 a.m. Nov. 5, 2011, at the McDonald's restaurant on Kuhio Avenue.

The prosecution contends that Deedy was spurred by alcohol and inexperience in firing the shots without justification.

But Deedy's lawyers maintain that the off-duty agent acted as a law enforcement officer to protect himself from a drunken Elderts, who attacked and grabbed for Deedy's 9 mm Glock handgun.

Byrd, a New Jersey resident, was 21 and stationed at Kaneohe when he went out with friends to a nightclub in downtown Hono­lulu and another in Waikiki.

He testified he drank two beers and a shot of tequila in a 10-minute span at about 11 p.m. but was "completely sober" by the time he ended up at McDonald's after 2:30 the next morning.

Byrd said the agent was exchanging words with Elderts and Elderts' friend Shane Medei­ros.

He said he tried to defuse the situation but that the agent's friend Adam Gutow­ski lunged at Elderts, who pushed him aside.

Byrd said at that point he felt he couldn't say anything more and moved to the other side of the restaurant.

He said he heard a drunken Deedy twice say, "I'm going to shoot you in the face."

"It was just mumbling," Byrd said. "He didn't say it loud."

Elderts slugged Deedy in the face and knocked him down, Byrd said.

When Deedy got up, he again repeated he was going to shoot Elderts in the face, Byrd testified.

Byrd said he saw the agent draw his gun and fire the first shot.

He testified that he watched from behind a McDonald's toy display as Deedy and Elderts scuffled to the floor.

Byrd said Elderts was on top straddling Deedy.

The former Marine said he saw the gun in Deedy's hand and that Elderts was pinning back the agent's hands.

The defense is contending that Deedy's third shot was the fatal one.

UNDER cross-examination, Byrd acknowledged that his testimony differed on some points from his recorded statement to police three days after the shooting and his statements nine days later to the Oahu grand jury, which indicted the agent on the murder charge.

Byrd stood by his testimony that Elderts' friend Medei­ros became angry because Gutow­ski was staring at him.

In his statement to police, Byrd identified Michel Perrine, another McDonald's customer, as the one who stared at Medei­ros.

Byrd also acknowledged he wasn't watching Deedy the entire time, a point the defense is expected to emphasize to suggest that Deedy showed his badge and identified himself when Byrd wasn't looking.

One major point of contention was whether city Deputy Prosecutor Janice Futa could ask Byrd his reaction when he saw Deedy draw his gun.

With the jury out of the courtroom, Futa told Circuit Judge Karen Ahn that Byrd's reaction was that he was surprised because there was no reason to pull out the gun.

Deedy's attorney Karl Blanke argued that Byrd should not be able to express a nonexpert opinion on a question that the jury must decide.

Ahn allowed Futa to ask the question but said Byrd could not testify about whether he thought there was a need to draw the weapon or whether it was justified.

When Byrd returned to the witness stand, he testified he was shocked when he saw the gun.

He said he didn't see a weapon when the agent had threatened to shoot Elderts.

"I was just shocked to see that there was a gun," Byrd said.

———

Star-Advertiser reporter Sarah Zoellick contributed to this report.






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Kailuaraised wrote:
"Byrd said Elderts was on top straddling Deedy", "The former Marine said he saw the gun in Deedy's hand and that Elderts was pinning back the agent's hands.". Well thank you star advertiser for finally posting the cross examination and what all was said. Seems like a case of self defense if Elderts truly was straddling Deedy and going for the gun regardless of who started what.
on July 17,2013 | 01:55AM
hapaguy wrote:
Way to selectively pick out what you want from Byrd's testimony. Here is the full statement "Byrd said he saw the agent draw his gun and fire the first shot. He testified that he watched from behind a McDonald's toy display as Deedy and Elderts scuffled to the floor. Byrd said Elderts was on top straddling Deedy. The former Marine said he saw the gun in Deedy's hand and that Elderts was pinning back the agent's hands.
on July 17,2013 | 02:05AM
Kalaheo1 wrote:
I've got to say, trying the pin the hands of the man shooting at you seems pretty reasonable to me.
on July 17,2013 | 03:33AM
peanutgallery wrote:
"Reasonable" is not finding yourself in that position. If you've lived in Hawaii for more than a couple of years, you know what happened here. It's a sad story that gets re-played every day.
on July 17,2013 | 04:13AM
MalamaKaAina wrote:
Did the first two shots miss because junior G-man was drunk?
on July 17,2013 | 04:56AM
saveparadise wrote:
Sounds like everyone in that McD's at 2:30am was a little drunk after partying all night.
on July 17,2013 | 08:50AM
eljay wrote:
yes, indeed, happens all the time....
on July 17,2013 | 07:53AM
Larry01 wrote:
You seem to have a pretty miserable opinion of Hawaii. You can't assume something happened because of what YOU THINK people in Hawaii do.
on July 17,2013 | 08:37AM
Mypualani wrote:
LarryO well said.
on July 18,2013 | 01:56PM
ryan02 wrote:
Exactly!
on July 17,2013 | 08:05AM
RingRing wrote:
Seriously! If a drunk, belligerent, guy already shot at me, knocking him down and trying to pin his hands to the floor to try to keep from being shot at again seems like the only natural thing I could do to defend myself. Seems it was Elberts trying to defend himself not Deedy.
on July 17,2013 | 11:30AM
Mypualani wrote:
I would see it that way.
on July 28,2013 | 12:09AM
Grimbold wrote:
Hapaguy: The first shot was a warning shot ! Only a fool would continue to attack, which is what Elderts did. Darwins Law at work.
on July 17,2013 | 05:36AM
8082062424 wrote:
it was no warning shot . read the story .
on July 17,2013 | 06:07AM
Mypualani wrote:
wasn't Deedy just telling Elderts that he was going to shoot him? that's terroristic threatening, that is a class c felony in Hawaii, and then Deedy follows through with his threat after he gets slapped to the ground, but not before he kicks Elderts, so where oh where is Deedy's defense? hmmm Hawaii Revised Statutes clearly states that you cannot be the aggressor in a fight / altercation and kill someone and claim self-defense. self defense of what who's life was in danger when Deedy approached? nobody's because the Elderts was siting down.
on July 28,2013 | 12:16AM
inHilo wrote:
A warning shot? In a crowded restaurant? Must've been a warning kick too since it also missed.
on July 17,2013 | 06:46AM
allie wrote:
true..Deedy was and is a total incompetent. It was an insult to Hawaii to send such a low-level poorly trained guy here for the nothing APEC Conference.
on July 17,2013 | 08:28AM
TigerEye wrote:
Whereas a trained federal agent would discharge his weapon at the ceiling in a McDonalds in the middle of Waikiki... Just to prove a point. Right.
on July 17,2013 | 07:24AM
Kalaheo1 wrote:
The is no such thing as "warning shot." A pistol is a deadly weapon and not a noise maker. I think Mr Deedy was shooting at Mr Elderts each time he pulled the trigger.
on July 17,2013 | 07:25AM
bluemoki wrote:
When law enforcement pulls a gun out and shoots, the intent is always to kill, not to warn someone nor to injure them. That is the way they are trained - you don't pull the weapon out and fire unless you are prepared to use it in a lethal manner.
on July 17,2013 | 08:07AM
IMVHOAgain wrote:
That's actually false. Deadly force is the last alternative.
on July 17,2013 | 08:17AM
peanutgallery wrote:
Not when you pull your weapon.
on July 17,2013 | 10:32AM
IMVHOAgain wrote:
Just because a weapon is pulled does not mean it is intended to be fired. You are wrong.
on July 17,2013 | 11:00AM
lee1957 wrote:
When the weapon comes out, it does not have to be used, but if used, it is used to neutralize the threat, not for recreational firing into the air.
on July 17,2013 | 11:25AM
Kailuaraised wrote:
You're wrong. How much deadly force training do you have?
on July 17,2013 | 01:40PM
mokebla wrote:
Only a drunk person with a weapon will fire a weapon to kill. Two warning shots and the third is the kill shot, give me a break. This agent was wrong carrying his weapon while under the influence period.
on July 17,2013 | 02:37PM
Kailuaraised wrote:
@mokebla, this isn't a video game. When you draw a weapon you're using it. It's not a show of force or used to scare people.
on July 17,2013 | 02:47PM
2NDC wrote:
Actually, LEO are trained to "stop" the threat. They shoot to "stop". If the suspect is hit and unable to continue to attack, but still alive, then the lethal force should stop. If the suspect continues to fight, then shots continue until the threat is "stopped". Modern day LEO are trained to save lives, using deadly force only as a "last resort". Nobody wants the death of another human being on their conscience.
on July 17,2013 | 07:05PM
312guy wrote:
@ bluemoki - the intent is to stop the threat not kill
on July 17,2013 | 11:19PM
Larry01 wrote:
Uh, no.
on July 17,2013 | 08:38AM
Mypualani wrote:
Warning shot? Does a warning shot narrowly miss a bystander? At this point Deedy seems to not care until Elderts is shot. I do give him credit for coming back to the victim and trying to render aid. I for one cannot and will try not to speak to the agents state of mind because I was not there when this happened, how ever I can make remarks on what the witness's testify to because they were there.i have written police reports before when witness to something, though not as horrible as this, the worse that I witness was a stabbing two feet away and I didn't even see the knife, it looked like the guy was getting punched. Anyways it was very traumatic, when writing a report you try to stick to the facts and not feelings, emotions or maybe's very difficult to write also that Police report is a legal documentation as to what happened at the scene so I can see how ten different people can see ten different things, because they are Not all standing in the exact place at the same time, this whole mess is like putting the pieces of a the thousand piece jigsaw puzzle together. And make your version of what happened appear to the jury. I wonder if this is what is meant when some claim "unfair trial" hmmm.
on July 18,2013 | 02:13PM
Mypualani wrote:
warning shot? really?
on July 28,2013 | 12:10AM
wiliki wrote:
Going for a person with a gun (how do you know? He's already told you) is stupid. You're risking your life because by attacking the man you're putting him in a position of defending himself. This goes to show that Elderts was way out of control.
on July 17,2013 | 09:08AM
Nevadan wrote:
You are too much.
on July 17,2013 | 11:50AM
wiliki wrote:
I'm sure that had he been sober, Eldert would have been more prudent and not even harass the other custormer. This whole affair would not have happened.
on July 17,2013 | 03:14PM
eknu wrote:
deedy was gonna shoot him no matter what what would you do lay on the floor and get shot the whites been killing us kanakas since captain cook when the deck is stacked and going make anyways gotta go
on July 17,2013 | 04:36PM
WEATHER wrote:
Wow. Didn't take long for the racism to go on display here. eknu would say Eldert knew Deedy was going to attack and shoot him because he was white.
on July 17,2013 | 08:21PM
Mypualani wrote:
And Deedy was in control? LOL are you high?
on July 18,2013 | 04:29PM
Kailuaraised wrote:
Actually, the way it is written is not very clear. Was the shot fired before or after the scuffle? The angle of the shot will be the determining factor.
on July 17,2013 | 01:39PM
Mypualani wrote:
I think and I am not positive as I was not there, it was during of course even if I was there I still wouldn't be sure. Good question Kailua
on July 18,2013 | 04:30PM
8082062424 wrote:
sad.So what do you have against Elderts personally is it because he a local male
on July 17,2013 | 06:07AM
SueH wrote:
That's exactly how people view this case! And what everybody else has against Deedy is that he is a haole male.
on July 17,2013 | 07:57AM
Mypualani wrote:
I have nothing against Deedy because he is haole, It's because he claims that he was protecting people and himself. What I get against agent Deedy is because he takes no responsibility for his actions in this event and blames the word Haole for this. So please get a grip and stop the race baiting.
on July 21,2013 | 09:21PM
Usagi336 wrote:
Thanks right! Looks like Kollin was defending himself from getting shot!
on July 17,2013 | 07:29AM
ryan02 wrote:
If someone pulled a gun on me, I'd try to stop him from shooting me any way I could - including trying to grab the gun. I guess in your world, the next time someone robs a victim at gun point, if the victim tries to grab the gun, the robber would be justified in shooting the victim dead, and then claiming self-defense?
on July 17,2013 | 08:04AM
bluebowl wrote:
Oh really,when a gun is pointed at you you do what the person with the gun says. I know because I had a shot gun pointed at my face and I did what he said.
on July 17,2013 | 08:54AM
Mypualani wrote:
We're you in the middle of a scuffle? When the gun was pointed at you? I am very sorry that you experienced such a horrible thing, and I am by no means making light of what happened to you.
on July 17,2013 | 11:36AM
bluebowl wrote:
No scuffle,targeted. I thank you for your kind words today.
on July 17,2013 | 07:20PM
saveparadise wrote:
Bad analogy. Deedy was not a robber, he is a federal officer who fired a shot after being struck in the face. Provocation or threats may or may not warrant pulling your firearm but a physical attack does.
on July 17,2013 | 08:56AM
KeithHaugen wrote:
No gun, no murder. He should not have gone out drinking armed and ready to be "brave" and kill someone. Inadequate training perhaps, but in any case, being a federal officer makes no difference in this case. Deedy should not have been armed while drinking.
on July 17,2013 | 09:18AM
Mrs_G wrote:
Mahalo!
on July 17,2013 | 09:36AM
Nevadan wrote:
Agree. The bottom line is that one State Department bullet. This chap will either end up in prison, or fired. The State Dept cannot do anything at this stage. Any action it takes now will prejudice the criminal trial.
on July 17,2013 | 11:37AM
Mypualani wrote:
Also the civil law suit that is in the wings waiting to be bought to court.
on July 18,2013 | 02:31PM
NITRO08 wrote:
EXACTLY!
on July 17,2013 | 01:24PM
Kailuaraised wrote:
None of that has to do with finding him guilty of murder. He carried because he was authorized. The state department can't fire him if he gets a not guilty.
on July 17,2013 | 01:42PM
Nevadan wrote:
Yes, the State Dept can fire him if he is found not guilty in this trial. It is about using an official gun for non-official personal business.
on July 17,2013 | 05:23PM
Mypualani wrote:
Just asking since I am so ignorant, what if he is found guilty? also if this agent is authorized and all, why is he being tried in the court of criminal law? Just asking not being sarcastic here.
on July 21,2013 | 09:28PM
allie wrote:
agree
on July 17,2013 | 02:22PM
WEATHER wrote:
And Eldert shouldn't have been using marijuana and cocaine.
on July 17,2013 | 08:23PM
Mypualani wrote:
That's kinda of moot since the man is dead. He's not on trial here Agent Deedy is.
on July 18,2013 | 02:37PM
Mypualani wrote:
and so what? is that punishable by death?
on July 21,2013 | 09:30PM
ryan02 wrote:
Deedy was struck in the face after he kicked Elderts. Some people seem to bend over backwards to argue that Deedy NEEDED to defend himself with his gun, but Elderts had NO NEED to defend himself with his fists. Deedy: Kick Elderts: Punch Deedy: Gunshot Elderts: Tries to grab gun Deedy: Gunshot that kills Elderts In what world is Deedy the victim, and not Elderts?
on July 17,2013 | 11:54AM
Mypualani wrote:
Save you forgot to say agent who was out drinking with friends, agent who went over and instigated something that looked to be Done. The video is out and the witnesses are a testifying, though I am trying like heck to hold my judgement until the defense puts on their narrative of that nigh. It is hard real hard, just speaking for myself.
on July 18,2013 | 02:30PM
Kailuaraised wrote:
I'm sure you would. Just like all of the other armchair heroes. If someone pulls a gun on you then your best bet is to do what they say.
on July 17,2013 | 01:41PM
Mypualani wrote:
true Kailua a sober and sane person would do that, funny you would say that. Especially since Deedy threatened to shoot Elderts when he was sitting down and also when they were fighting. this is just according to the testimony given.
on July 21,2013 | 09:33PM
RingRing wrote:
The testimony is very damning for Deedy. . . Elderts was not going for the gun, he was "pinning back the agent's hands" as anybody would be doing to defend themselves from a crazy, belligerent, drunk man with a gun who had already shot once at you. . . If anybody was trying to defend themselves it was Elderts. That is very easy to glean from this testimony. . .
on July 17,2013 | 11:16AM
RingRing wrote:
Very simply put, if you are under the influence of alcohol and you are holding a gun in your hands you are wrong. . . . Criminally wrong. . .
on July 17,2013 | 06:34PM
WEATHER wrote:
Unfortunately RingRing, there's no clinical proof that he was under the influence, only that he had consumed alcohol. It's only supposition about his state based on the observations made of him. And there's not value at this point arguing why or why not the police should've done a blood sample after he refused it. It didn't happen, that horse left the ranch a long time ago.
on July 17,2013 | 08:27PM
LittleEarl_01 wrote:
Sorry, but I've never known a Marine to go out night clubbing in downtown Honolulu and Waikiki that only drank TWO beers and ONE shot of Tequila during the whole evening. Also, if this ex-Marine has become a resident of Oahu, I doubt very much if he wants to defend a Federal agent at the expense of a local.
on July 17,2013 | 05:17AM
inHilo wrote:
Yesterday's story said he was a new Jersey resident. And I've known plenty of people who go to Waikiki and have one drink. From the story at least it sounds like Byrd tried to do the right thing that night and is trying to do the right thing in returning to the islands to testify.
on July 17,2013 | 06:51AM
hawaiikone wrote:
I'd rather believe he's aware of the seriousness of all this and is simply telling the truth as he remembers it. No evidence to the contrary has been reported.
on July 17,2013 | 06:57AM
allie wrote:
Elderts was a troubled white man hanging out.
on July 17,2013 | 08:28AM
lee1957 wrote:
I don't think he is intimidated by the local big body crowd.
on July 17,2013 | 11:27AM
2NDC wrote:
Yeah, Byrd is a liar. He's now back peddling in a futile attempt to save face. :-(
on July 17,2013 | 07:08PM
Grimbold wrote:
"Byrd stood by his testimony that Elderts' friend Medei­ros became angry because Gutow­ski was staring at him." Just looking at these mokes is dangerous. What a state!
on July 17,2013 | 05:33AM
false wrote:
Didn't your parents teach you not to stare at people. It's intrusive behavior, rude and demanding a response. It's communicating with someone you don't know and in this case, don't need to know. Byrd tried, give him that and then he had the sense to save himself. That in itself tells the jury how threatening the gun was in the hands of a drunk Federal Agent. Cops should have treated him like any local.
on July 17,2013 | 06:09AM
IMVHOAgain wrote:
The sense? You mean by hiding behind a McDonald's toy display?
on July 17,2013 | 08:20AM
lee1957 wrote:
Are you talking to me?
on July 17,2013 | 11:28AM
WEATHER wrote:
false....staring at someone demands a response? Is that what your parents taught you?
on July 17,2013 | 08:29PM
hanalei395 wrote:
Grimbold admitted on another post that he stared at (as he said) a "lowlife moke", which then resulted in a physical action. .. No doubt meaning ... he got a punch in return.
on July 17,2013 | 06:21AM
Larry01 wrote:
Sounds like Grimbold likes asking for trouble. Same can be said about his comment on this board! :)
on July 17,2013 | 08:40AM
hanalei395 wrote:
Grimblod .....Please keep staring .... Especially at "lowlife mokes".
on July 17,2013 | 07:48AM
TigerEye wrote:
Better yet: maybe he should speak up.
on July 17,2013 | 10:05AM
whs1966 wrote:
Hey, Grimbold: Your referring to locals as "mokes" tells me, a ha`ole who enjoyed growing up in Wai`anae, tells me why you have trouble with them: It's YOUR attitude.
on July 17,2013 | 06:01AM
Larry01 wrote:
Right on, whs1966!
on July 17,2013 | 08:40AM
Grimbold wrote:
whs1966 ok I got it. Where I grew up people look each other in the face without getting beating up. Besides , there are good mokes who would smile when they are being scanned, and bad mokes who 'like beef' to satisfy their inferiority complex.
on July 17,2013 | 10:57AM
hanalei395 wrote:
"Good mokes who would smile when they are being scanned" ....... "Smile when being scanned"? ... "Smile"? . Grimbold, those "mokes" are probably mahu. That's even worse. ....... (BTW, "look" and "stare" are entirely different).
on July 17,2013 | 11:18AM
false wrote:
most like beef
on July 17,2013 | 12:42PM
Publicbraddah wrote:
Absolutely no winners here. Totally preventable situation came to a bad conclusion with a mix of alcohol and machismo. Lots of macho men out there who think with their attitude rather than their brains.
on July 17,2013 | 06:17AM
allie wrote:
yup
on July 17,2013 | 08:29AM
Carang_da_buggahz wrote:
Machismo by an immature, alcohol-fueled, firearm-carrying Federal "agent" who, it appears, did not have the self-restraint to go out on the town without his service weapon. Now WHY would someone need to have his agency-issued weapon in an unofficial capacity? You know how some people should never be placed in positions of authority? I suspect Mr. Deedy is the poster child for this personality defect. I would be interested in knowing what his employer, the federal government, had to say about his psychological suitability to be in his law enforcement position. Also, I think the fact that his first shots initially missed (and at such close range!) speaks volumes about his lack of sobriety on that fateful night, not to mention that he did not even identify himself during the scuffle. Still lots of unanswered questions. At the very least, I think that Mr. Deedy and his 2 cohorts that night walked into McDonald's with a chip on their shoulder. Witness their behavior just prior to the shooting. I think Uncle Sam is going to compensate the Elderts family very handsomely.
on July 17,2013 | 08:40AM
KeithHaugen wrote:
Maybe some good will come of all of this. The State Department may instruct junior employees not to carry a weapon when not on duty and when out drinking and bar-hopping, anywhere, not just in Honolulu. And if they say he was on duty, they need a rule that the employees may not drink alcohol while on duty.
on July 17,2013 | 09:16AM
Kalaheo1 wrote:
Keith, Apparently the State Dept already has all those rules. Mr Deedy choose to ignore it.
on July 17,2013 | 09:42AM
peanutgallery wrote:
You're correct.
on July 17,2013 | 10:34AM
residenttaxpayer wrote:
Usually all law enforement agencies have that kind of policies which prohibit or restrict the carrying of firearms off duty when consuming alcoholic beverages...agent Deedy chose to ignore that policy which lead up to this tragic and preventable incident....
on July 17,2013 | 10:16AM
Nevadan wrote:
Correction: The State Department is not a law enforcement agency.
on July 17,2013 | 12:31PM
residenttaxpayer wrote:
Correction: Agent Deedy is considered a federal law enforcement officer and has powers of arrest.....
on July 17,2013 | 12:42PM
Nevadan wrote:
No
on July 17,2013 | 08:21PM
Kailuaraised wrote:
Deedy has federal law enforcement powers.
on July 17,2013 | 01:45PM
Nevadan wrote:
No.
on July 17,2013 | 05:27PM
Nevadan wrote:
Aloha Keith. Along the same vein, the federal government is bloated with employees it does not need, especially at the lower levels. In general, some at the top (say, those in the cabinets or White House) work long hours. Those at the bottom have virtually nothing to do. They waste supervisors' time. This guy is probably a GS-5.
on July 17,2013 | 12:21PM
Kailuaraised wrote:
If you're talking about Deedy, he's probably at least a GS-12 and receiving LEAP pay.
on July 17,2013 | 01:46PM
ethann81 wrote:
LOL!
on July 17,2013 | 07:37PM
Nevadan wrote:
Kailua...d = wiliki
on July 17,2013 | 08:28PM
Kailuaraised wrote:
Apparently you choose not to read the laws. No service can outlaw a sworn officer from off duty carry. It's written into law. They have policy against not drinking but the law does not prohibit it.
on July 17,2013 | 01:45PM
Nevadan wrote:
You sound like wiliki. Enough said.
on July 17,2013 | 08:23PM
allie wrote:
agree
on July 17,2013 | 02:22PM
WEATHER wrote:
Carang_da_buggahz ...I think it's pretty clear there were more people in McDonalds that night with a chip on their shoulder in addition to Deedy and company. Both groups with chips, both with something to prove. Too much stinkeye from both groups. Both with alcohol, one with illegal drugs. Both decided it was time to fight. Either could have walked away but instead elected to prove their manhood. Tragedy, shouldn't have happened, and none of this justifies anybody's actions...not Deedys and not Elderts. But that's the factual portrayal of both of them and the fairly straightforward truths that the jury will have to deal with.
on July 17,2013 | 08:41PM
yhls wrote:
Kailuaraised, It wasn't self defense. The only reason he was straddling him, was AFTER the gun was drawn and he was trying to DEFEND himself against a very determined Deedy who at that point was shooting to KILL. Deedy provoked the altercation and is guilty. Plain and simple. Unlike the Zimmerman case, there were plenty of witnesses here as well as video. All of the testimony has supported the prosecution's case.
on July 17,2013 | 06:21AM
BigOpu wrote:
Its the prosecutors wittnesses
on July 17,2013 | 06:53AM
xxNOTxx wrote:
I agree with "yhls" 100%
on July 17,2013 | 07:46AM
soundofreason wrote:
"Elderts slugged Deedy in the face and knocked him down, Byrd said.">>>> Game on.
on July 17,2013 | 07:19AM
ryan02 wrote:
If you followed previous articles, it started when Deedy kicked Elderts. THEN Elderts punched Deedy. Then Deedy drew his gun and tried to shoot Elderts. Then Elderts tried to grab Deedy's gun. Then Deedy shot Elderts dead. So it all started with a kick from Deedy. I don't think they law allows (or should allow) someone to kick another person, and then when that other person reacts with a punch, to shoot the other person dead in so-called "self-defense."
on July 17,2013 | 11:59AM
Truth wrote:
All of these comments are noise. There is no reason to bring a gun to a fist fight. Also, if he pulled a badge and told him to stop, why wasn't the badge recovered at the scene? Finally, with the position Deedy holds, Why wouldn't he walk away. How many agents do you hear of shooting civilians? You don't because most of them know not to shoot civilians.
on July 17,2013 | 07:34AM
soundofreason wrote:
"There is no reason to bring a gun to a fist fight.">> So.......all little people should have to do whatever because bigger people can beat them up in a fist fight? I believe that's why they say that guns are THE "equalizer". Shouldn't have to succumb to somebody else's will just cause they're willing to bash you in the face.......first.
on July 17,2013 | 07:40AM
Truth wrote:
So.... what you are saying is that the gun is the only equalizer for smaller people? There is no part where police should be involved. Walking away is not an option? There aren't other choices?
on July 17,2013 | 07:58AM
8082062424 wrote:
Thing is you do not go and pick a fight then when you are loosing pull out a gun or knife. that what seem to happen more and more. Why pick the fight in the first place? I know a lot of little people as you call them that can more then defend them selves with out a gun or knife. i also know a lot of little people who have never had a problem with bigger folks
on July 17,2013 | 09:42AM
TigerEye wrote:
Good point. Deedy's reason for carrying a weapon had to do with APEC, not local law enforcement. Having a loaded weapon in his possession is the best reason I can think of for him to have avoided confrontations with (other) judgement-impaired partygoers at all costs. The weapon gave him more responsibility than power.
on July 17,2013 | 10:13AM
lee1957 wrote:
There is also no reason to bring fists to a gun fight, you'll likely lose.
on July 17,2013 | 11:30AM
bigislandkurt wrote:
I'm not going to say that Deedy is a bad person. But in this occasion, like many men in law enforcement, he let his bravado get the most of him. And for this, he committed an act that should put him behind bars. Any of you guys on this thread trying to justify his actions are purely putting on the blinders for whatever reason. Haole versus local thing all over again.
on July 17,2013 | 07:45AM
Carang_da_buggahz wrote:
So, Byrd was drinking? Okay, Mr. Hotshot Lawyer, so was your client, Christopher Deedy, and an HPD officer testified to smelling alcohol on Deedy's breath. The facts of the case remain. But nice try.
on July 17,2013 | 07:47AM
MKN wrote:
@Carang_da_buggahz: I could have one beer and my breath would smell like alcohol, but if I had one shot of vodka, you wouldn't be able to smell it on my breath, so really the whole smelling alcohol on someone's breath thing isn't a good measure of whether or not someone is legally impared or not. That's why they do breathalyzer and blood testing. Keep in mind that right now this is the prosecution's version of events. Let's wait until the defense presents their version of what happened that night and if the defense has any independent witnesses that can dispute Byrd's version of events. I will say that right now it's not looking good for Deedy, but we'll see.
on July 17,2013 | 08:57AM
Mypualani wrote:
True dat MKN but ones actions can be measured. You know picking fights, sluring small KINE and making threats. How ever so yes my dear you are correct, I guess what makes me all ha'ka ka about this is that in the beginning the defense claimed that Deedy was stopping an attack on another customer (Perrine?) that is what bugs the hell out of me.
on July 17,2013 | 01:11PM
ryan02 wrote:
So even a MARINE was afraid for his life and felt the need to hide behind a toy display when Deedy drew his gun and started firing. I guess the one bright point in all of this -- if any bright point can be found -- is that we're lucky Deedy didn't manage to kill even MORE people in McDonalds' that night.
on July 17,2013 | 08:08AM
hapaguy wrote:
Totally agree. I've watched the video frame by frame maybe 5 or 6 times now and it really is fortunate that Deedy didn't shoot and kill someone else with his recklessness. Especially when Deedy and Elderts are struggling with each other directly in front of the cashiers counter and you can see the gun in Deedy's right hand. It's a miracle that none of the McDonalds employees behind the counter were not shot....
on July 17,2013 | 01:03PM
loquaciousone wrote:
Good thing that, unlike the Zimmerman's case, there is no racial profiling in Hawaii.
on July 17,2013 | 08:22AM
allie wrote:
white men are a bore and Elderts and Deedy were both white
on July 17,2013 | 08:29AM
loquaciousone wrote:
How about white cows?
on July 17,2013 | 11:25AM
allie wrote:
them too
on July 17,2013 | 02:23PM
Kuokoa wrote:
...and this witness was not drunk himself? He admits that he had a shot and 2 beers within 25 minutes just before going to the McDonalds.
on July 17,2013 | 08:29AM
copperwire9 wrote:
At 11:00 pm, 3 1/2 hours before the killing. It's in the article.
on July 17,2013 | 09:56AM
MKN wrote:
All I can say is right now it's not looking good for Deedy. If he doesn't have any independent witnesses that can dispute Byrd's version of events, then he's kinda screwed. It's hard to justify self defense "IF" Deedy threatened to shoot Elderts without identifying himself as a Federal Agent as the prosecution asserts. That agent really should have been charged with more than Murder 2 and the other charge about the gun. They should have thrown in Terroristic Threatening, Assault, and Disorderly Conduct as well since he's clearly guilty of most of those charges. I wonder if Manslaughter is an option. Bottom line is people do stupid stuff when they're drunk and there was a lot of stupid stuff going on that night on both sides. If cooler heads had prevailed, no one would have died that night or even gotten into that confrontation. Can't wait for the defense to present their side of the story. Should be interesting.
on July 17,2013 | 08:47AM
false wrote:
Inconsistent statements? Didn't the prosecution prep their witnesses? Key prosecution witnesses?
on July 17,2013 | 09:02AM
wiliki wrote:
Looks like Byrd did not hear the whole dispute especially at the beginning. He definitely establishes that Elderts attacked Deedy knowing that Deedy had a gun.
on July 17,2013 | 09:04AM
hapaguy wrote:
Yeah from the video you can see that Byrd never saw the first blow being thrown by Deedy, the front kick to Elderts because Bryd was shielded by West who was between Bryd and Deedy when Deedy threw the kick. Also, Byrd was slightly turned away from Deedy when Deedy threw the kick.....
on July 17,2013 | 01:29PM
KeithHaugen wrote:
State Department employees should not be allowed to carry a gun while out drinking, bar-hopping, and partying. And, if they say he was "on duty," then he was drinking on duty, which should also not be allowed. If he had been been armed, he would not have been so "brave" and the murder would not have been committed.
on July 17,2013 | 09:13AM
residenttaxpayer wrote:
Agents aren't allow to carry firearms off duty and consume alcoholic beverages....agent Deedy violated his own agencies policy by consuming alcohol while carrying....
on July 17,2013 | 10:19AM
jeanlafitte1 wrote:
seeing all the biased stories that the Star Advertiser is running ... it won't surprise me to see people rioting in the streets after Deedy gets acquitted. Star Advertiser ... Quit taking such a biased stand on this case.
on July 17,2013 | 09:26AM
copperwire9 wrote:
Can you give an example of the bias you see?
on July 17,2013 | 09:56AM
Kailuaraised wrote:
The article doesn't even give a clear version of the events. Did Byrd say Deedy fired after Elderts was on top of him or before? You could interpret it and come to two different conclusions. Yesterday they didn't even run the cross examination from the defense. If you watch the video Deedy doesn't fire in any of the frames.
on July 17,2013 | 01:51PM
hapaguy wrote:
You can't tell from that video when he fired the shots. You really need to glean that evidence from witness testimony. So far the witness testimony is: "Byrd said he saw the agent draw his gun and fire the first shot. He testified that he watched from behind a McDonald's toy display as Deedy and Elderts scuffled to the floor. Byrd said Elderts was on top straddling Deedy. The former Marine said he saw the gun in Deedy's hand and that Elderts was pinning back the agent's hands". Sounds pretty clear to me that Deedy shot, THEN they scuffled. What do you expect the McDonalds surveillance video to show a flash at the muzzle and a line coming out of the barrel and the bullet in midair...lol....your too funny!
on July 17,2013 | 02:51PM
8082062424 wrote:
Seem like you do not like that fact this paper paper j just because you do not like the facts does not mean there biased .Hawaii New now give more details and make deedy and his friends look even worst. I doubt you will see riots. But this case is almost a replay of 1931 Massie case. And it will open up old wounds.And local will dislike and not trust the federal government and out siders even more. local have there own way of dealing with this
on July 17,2013 | 10:18AM
hanalei395 wrote:
In that case, the Massie Case, the killers were found GUILTY. However, right after that, the murderers spent one hour in the governor's office before being whisked out of Hawai'i. Today, that would be IMPOSSIBLE to happen. But the Hawaiians in those days, ... all they had was, "auwe!" Of course, not today.
on July 17,2013 | 10:57AM
allie wrote:
the case was more complicated than you imply hon
on July 17,2013 | 02:24PM
bodysurf_ah wrote:
Looks like Kailua and Grimballz are getting more than they can handle today.
on July 17,2013 | 10:48AM
gobows wrote:
AND...............DONT FORGET............Who SAID, "I'm going to SHOOT YOU IN THE FACE".............even before he PULL OUT HIS GUN.
on July 17,2013 | 12:22PM
hanalei395 wrote:
A revenge cry by Deedy, after being shocked when a local actually fought back and floored Deedy, after Deedy kicked Elderts. A surprise move by a local that Deedy probably thought, with a superior attitude, was "not correct".
on July 17,2013 | 12:54PM
gobows wrote:
i WONDER if Deedy would've been so TOUGH if he DIDN'T have a GUN.
on July 17,2013 | 01:21PM
sloturle wrote:
without the gun he wouldn't be a tough guy
on July 18,2013 | 01:13AM
hapaguy wrote:
I was kind of curious why Bryd's testimony never included the kick to Elderts so I went back and looked at the video again frame by frame and at 27m12sec (on the 1:49:12 video) you can see Bryd on the left, Jessica West to the right of Bryd (between Bryd and Deedy), then Deedy to the right of West throwing the kick to Elderts with his right leg. At that time you can see Bryd is slightly turned to the left away from West and Deedy so it looks like Bryd never saw the kick that's so clearly evident in the video. I am assuming that the gentleman in the white shirt, black vest and black baseball cap is Bryd. The reporting has never said which guy is Byrd in the video.....
on July 17,2013 | 01:13PM
oxtail01 wrote:
Two men being St....d and one dies because of it - isn't this all too common?
on July 17,2013 | 01:45PM
Skyler wrote:
Seriously.
on July 17,2013 | 06:47PM
gobows wrote:
If Hawaii is a "stand your ground" state, with regards to the state law on "self defense", Deedy will go free.
on July 17,2013 | 03:47PM
Nevadan wrote:
Wrong. APEX is international. The U S represented by the State Dept was a guest. The State of Hawaii has power of arrest. Not the State Dept.
on July 17,2013 | 08:26PM
sloturle wrote:
How is it self defense if he threaten to shoot his face and kills him?????
on July 18,2013 | 01:12AM
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