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Police evidence specialist says Deedy smelled of alcohol

By Ken Kobayashi

LAST UPDATED: 08:01 p.m. HST, Jul 17, 2013

A police evidence specialist testified this morning that State Department special agent Christopher Deedy smelled of alcohol when she took his photos at Queen’s Medical Center about two hours after he shot Kollin Elderts at a Waikiki McDonald’s restaurant.

Toy Stech told the Circuit Court jury that she noticed a “strong alcohol smell” on Deedy’s breath and also a “sour smell” as if the alcohol was coming from his perspiration and pores.

Stech is another of the prosecution witnesses to say Deedy either smelled of alcohol or appeared to be drunk the early morning of Nov. 5, 2011 when Elderts was fatally shot at the McDonald’s Kuhio Avenue restaurant. However, Stech acknowledged that she did not file the report on her observations about Deedy until January, 2013.

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, 23, a Kailua resident.

City prosecutors say Deedy was driven by inexperience and alcohol when he shot the unarmed man. The defense maintains Deedy fired in self defense to ward off the drunken Elderts who attacked him and grabbed for the agent’s gun.

Deedy drank some beer earlier, but was not drunk, the defense contends.

The shooting occurred at about 2:45 a.m. Stech took Deedy’s photos and processed him for gun shot residue at the medical center at about 4:40 a.m. to 5 a.m.

Stech’s photos and other evidence were shown to the jury this morning.

The photos included shots of Deedy. The evidence included Deedy’s shirt and shorts that were stained with Eldert’s blood.

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Slow wrote:
Goodbye Mr. Deedy.
on July 17,2013 | 01:22PM
hanalei395 wrote:
No doubt, already in the juror's minds ....Deedy smelled of alcohol. And they may keep that in mind.
on July 17,2013 | 02:43PM
hanalei395 wrote:
Oops.... jurors' minds. (For the jurors to know, the smell of alcohol, NOT good for Deedy).
on July 17,2013 | 02:53PM
inverse wrote:
Don't think so. There is a reason why attorneys like Hart are hired to represent defendants like Deedy and get well paid to do so. BOTH Elderts and Deedy contributed to the death of Elderts. Someone who wrote a letter to the editor tried to reference the 1931 Massie trial where Kahahawai was murdered by a group of Caucasian males who wanted revenge on a se xual assault that is questionable whether Kahahawai committed. If you review the history on this, Kahahawai made himself a target when in a prior automobile incident between a couple named Mr and Mrs Peeples and Kahahawai's friend Horace Ida, Kahahawai who was over 6 ft tall and a boxer, did not like Mrs Peeples arguing with Ida or a near miss between their cars, punched Mrs Peeples in the jaw which was later reported to the police. Point is Kahahawai, like Elderts did not deserve to die, but throughout both their lives they put themselves in situations, that eventually will get them in trouble beyond what they can control. Same thing with Zimmerman and Martin; in all of these situation it takes TWO sides, both sides with issues, to result in these kind of deaths.
on July 17,2013 | 03:55PM
hanalei395 wrote:
"Both sides with issues". ...... But one side smelled of alcohol, had a gun, and is a killer.
on July 17,2013 | 04:20PM
false wrote:
E inverse, if Elderts was your `ohana how would you feel. Kahahawai was innocent in the Massie case and his olo s were removed while they drove the Malama coastline. Elderts took the hit. Some one else could have taken the hit from two wild shots. Deedy is lucky it was only Elderts. We are lucky it wasn't another one of us.
on July 17,2013 | 04:32PM
Mypualani wrote:
Well false then Hart would just say it was an unfortunate accident, ya can't ruin an upstanding man with an impeccable reputation over someone getting shot by accident , on the other hand if Eldertd had been a good little low-life local (sarcasm here) what some posters are preaching. Then this whole incident would not have happened. Forgett the facts that are being presented here. What are you going to believe? Your lying eyes or me? And what I am putting out to you.
on July 17,2013 | 04:43PM
kelbells34 wrote:
One hope to prove he is lying about not being drunk is that someone called 911 during the situation. Adding sound to the silent videos. I would hope that the security guard who was on the phone was on the phone with the dispatcher. She looks to be a key witness who was sober.
on July 17,2013 | 09:27PM
NanakuliBoss wrote:
What does a case over 80 years ago, have to do with this? Really. Here is the thing about the three cases, one of the combatant had a gun and thought they could play GOD and kill another human being.
on July 17,2013 | 04:51PM
kolohepalu wrote:
Doesn't matter. Only one of the sides committed murder. It's not OK to participate in a fight and then pull a gun if you are losing. The defendents in the Massie case made a mockery of the American justice system they were supposedly defending as U.S. military officers. They were a disgrace, and history remembers them as such.
on July 17,2013 | 09:49PM
hapaguy wrote:
Well said!
on July 18,2013 | 12:49AM
Manoa2 wrote:
Mr. Elderts should have been able to exercise his right to carry a gun and defend himself, then he and Deedy could have shot it out in a fair fight and killed each other and no problem-- self defense for both.
on July 17,2013 | 05:13PM
Publicbraddah wrote:
Having the smell of alcohol on your breath will not be a factor unless the prosecutor can prove it was at a point where it totally affected his behavior and since Deedy did not submit to a test, it's still a point of contention for the defense.
on July 17,2013 | 01:25PM
false wrote:
Public, thanks for that. Where is the prosecution going with this case anyway? Public, I think they use your help! I'm sure most of us smell of alcohol 2 hours after we've been drinking
on July 17,2013 | 01:57PM
olos73 wrote:
Wouldn't even drinking one beer have the smell of alcohol?
on July 17,2013 | 02:12PM
jess wrote:
But do you carry a loaded gun when you go out drinking?
on July 17,2013 | 03:43PM
mongoosa wrote:
yes but HPD didn't report that "sour smell" coming from his pores for several years??? How would suddenly Toys have recall? oh yea, they work closely with the prosecutors....duh......agree with you publicbraddah
on July 17,2013 | 02:31PM
kelbells34 wrote:
So, "MONGOOSA" what are you trying to say? That EVERYONE who has been testifying that Deedy appeared drunk is LYING?
on July 17,2013 | 11:44PM
mokebla wrote:
People are just missing the point, Deedy was warned by a friend about the locals and he still carried his weapon while under the influence. It was intentional from the get go that Deedy was going to use deadly force if confronted. Being under the influence made it easier for him to execute his intentions.
on July 17,2013 | 02:55PM
Kailuaraised wrote:
But he's charged with murder 2. It's not against the law to defend yourself in a fight.
on July 17,2013 | 03:32PM
aomohoa wrote:
Evidently that worked for Zimmerman.
on July 17,2013 | 04:21PM
Mypualani wrote:
Yeah it did. Unlike Zimmerman Deedy's jury is made up from people here from Hawaii and...we don't have a stand your ground law here like they do in Florida, Hawaii's defending yourself law is way different.
on July 17,2013 | 05:23PM
RandyC73 wrote:
The jury in Zimmerman trail was made up from people there and they were five black jurors and one white so what are you trying to say!
on July 17,2013 | 08:05PM
LKK56 wrote:
RandyC73 you are incorrect. The Zimmerman jury consisted of 5 whites and one minority - all women. Where do you get your facts? Both Zimmerman and Deedy were reckless. When you shoot a gun in public, there is a good probability some unintended target will get hit. Luckily, only the combatants' got hurt. The victims died - unfortunately, and the shooters have HUGH attorney fees. No winners what so ever.
on July 17,2013 | 09:04PM
Mypualani wrote:
Or to start a fight huh?
on July 17,2013 | 04:44PM
NanakuliBoss wrote:
Krylua, if it wasn't against the law to use a gun in a fight, why was he charged? Look how stupid your statement looks. One person instigates a fight(deedy) same person kicks the victims(elderts) victim defends himself , deedy goes down, he then defends himself with a gun? How coward is that.
on July 17,2013 | 04:58PM
RandyC73 wrote:
EXACTLY and somebody said Elderts the punk! I DON'T THINK SO!!!!!!!!
on July 17,2013 | 08:07PM
hapaguy wrote:
You are correct and that's exactly what Elderts was doing: defending himself from a drunk with a gun!
on July 17,2013 | 05:54PM
ethann81 wrote:
Not too bright aren't you...should be Floridaraised not Kailua.
on July 17,2013 | 07:40PM
kolohepalu wrote:
It's not against the law to defend yourself if you are the victim of an unprovoked attack, and you are trying to avoid confrontation. If you can't back up what your mouth started and you pull a gun- that's illegal- and cowardly.
on July 17,2013 | 09:54PM
false wrote:
That's not the issue so much for the prosecution. Even smelling of alcohol they still haven't proven that he was drunk. Smelled of alcohol yes but drunk? Not yet.
on July 17,2013 | 03:42PM
hapaguy wrote:
You keep repeating that same thing. The Prosecution really does not need to prove that he was drunk to get a Murder 2 conviction. They only need to prove that the assailant (Deedy) had malice aforethought prior to the killing. So far the witnesses have testified that Deedy repeatedly told Elderts he "was going to shoot him in the face". That is malice aforethought and if that testimony holds up that's all the Prosecution will need.....
on July 17,2013 | 05:57PM
kolohepalu wrote:
Even as an armed federal officer?
on July 17,2013 | 09:50PM
fiveo wrote:
This case is tragedy for all involved. Did not need to happen and yet it did probably because both parties had too much to drink. Had others there intervened more forcibly perhaps things could have been de-escalated until police could have responded. Wondering if those working at McDonalds called police once it became clear there was a problem when Elderts began harassing one of the patrons which caused Deedy to get involved. friend, Places like McDonald's and other fast type restaurants that stay open in the wee hours of the morning should be required to have a security presence as it tends to attract those who have been drinking more than they should and conflicts and fights are not uncommon. I remember when Zippy's on King St and possibly other locations had security guards because of such incidents.
on July 17,2013 | 01:51PM
allie wrote:
on July 17,2013 | 02:15PM
aomohoa wrote:
Evidently there was a "security guard" there.
on July 17,2013 | 04:24PM
Ldub20_Owl316 wrote:
I agree
on July 17,2013 | 02:36PM
shanik wrote:
have you seen this "security" guards? they are for show, nothing else.
on July 17,2013 | 02:37PM
2NDC wrote:
There was a G4S Security Officer on duty at the time of the incident. Like the majority of unarmed security officers, they serve more as a deterrent more than anything else. Most law abiding citizens see the security officer and "feel" safer. Then you have the crumbs of society that taunt, harass and ridicule the security officer. Drunk punks out late at night usually fall into the "crumb" category. Depending on the "post orders", the security officer may be very limited in what s/he can do. In many cases, they are required by both the client (in this case McDonald's) as well as their employer to not intervene, but rather simply "observe and report", then render aid as necessary and call 911 if needed. Like anything, there is a "right" way and a "wrong" way of deescalating situations like the one that occurred in this case. Without proper training, the situation can often be escalated by individuals attempting to help out. Most times, it is best for bystanders to simply call 911 and become a "good witness". Tragic as it may be, bottom line is that both parties contributed to the death of Mr. Elderts. The question is who contributed more to the situation? There is still a lot of evidence that needs to be introduced and eventually evaluated by the judge and jury. The case is far from over, yet many are already forming opinions as to the outcome. Right, wrong, bad, or good, it is human nature for folks to do this. In the end, both Elderts and Deedy are "losers". The only "winners" would be the attorneys. Win or lose, the attorneys will get paid. :-(
on July 17,2013 | 02:57PM
Ldub20_Owl316 wrote:
At least you see that both Elderts and Deedy are losers.
on July 17,2013 | 03:28PM
LKK56 wrote:
You are correct. A lesson for all of us. Before you do something "stupid" ask yourself a simple question "How much is that attorney going to cost me?" Upon answering that question, I am sure you will make the right choice.
on July 17,2013 | 09:08PM
kolohepalu wrote:
Let's not cloud the water: Deedy was a loser with a badge and a gun. He had a higher standard to live up to as a federal agent, and he failed. He got drunk and shot a local to death.
on July 17,2013 | 10:03PM
2NDC wrote:
Elderts had a history of being a bully. Bruddah was drunk as well as high on pot and cocaine. The world is a better place without him.
on July 17,2013 | 10:49PM
hapaguy wrote:
Again really ignorant comment. "Elderts had a history of being a bully"? Says who? The lying defense attorneys? I CHALLENGE YOU TO BACK UP THAT CLAIM. "The world is a better place without him" Really? Elderts has had a couple scrapes with the law but it's not like he was a child molester, a rapist, a mugger, or shot and killed an unarmed man in cold blood because that man was getting the better of him in a fight.
on July 18,2013 | 12:40AM
false wrote:
Hind sight is alway 20/20.
on July 17,2013 | 03:43PM
jess wrote:
There was a security guard watching the whole thing go down. It was on the CCTV. Unless it was some lolo wearing a "security" shirt from the swap meet. In this case, not much of a difference.
on July 17,2013 | 03:45PM
aomohoa wrote:
I don't understand why places like that don't just close by midnight. Go home and eat people.
on July 17,2013 | 04:23PM
Mypualani wrote:
Yeah and we might be here talking about more than one victim getting shot,
on July 17,2013 | 05:19PM
312guy wrote:
if you looked in one of the photos the security was on a cell phone or video taping the incident, HPD is now at zippy locations.
on July 17,2013 | 07:24PM
dlum003 wrote:
Caaa'mooon, is it really necessary for 100 people to take the stand to confirm that either or both men were drinking that night? Ok they were drunk and wanted to kick okole that night, we get it. The singular issue is whether or not Deedy had legal authority and cause to use deadly force in that specific scenario. If he didn't, he must be convicted of manslaughter or homocide. Everyday they burn talking about Deedy's breath is another $200,000 of taxpayer money out the window. Huuuury up already.
on July 17,2013 | 02:07PM
Adam1105 wrote:
There are a lot of people who suddenly have the very strong opinion that any fisticuffs encounter now makes pulling out a gun and killing somebody OK. (I don't think anybody thought this way 40 years ago.) I'm sure that Kollin Elderts would have thrown his racial slurs at me, too, but the racial slurs that Kollin Elders DID throw that night were basically over and done with when armed and dangerous (fact!!) Agent Deedy decided to ... what did he decide to do? The two persons involved were sitting at tables far enough apart. Was he going to, at 2:45 a.m. in McDonald's, take care of 200 years of racial tensions in Hawaii? Was he going to change Kollin Elderts into somebody who wouldn't from time to time vent his Ha'ole hatred on some oblivious mainland tourist?
on July 17,2013 | 02:27PM
Ldub20_Owl316 wrote:
This isn't a black-and-white case like hapaguy, Mypualani, and kolohepalu like to believe.
on July 17,2013 | 02:37PM
Mypualani wrote:
Ldub20 you are right it's not just a black and white case, likeI posted earlier I come off pretty biased maybe it is because I am biased to a certain extent. All the would haves, should haves and could have will not change a dam thing in this case. What gets me about this case from the get go misinformation by the victims attorney like Elderts and Deedy had an altercation before getting into McDonalds. And such. But the defense well that's a different story. They first claimed that Deedy was immune because he was in the capacity of a law enforcement officer and was protectecting a so called victim from harm, but in order to go there Deedy would have to testify on the stand, well the video does not show this.You can't go pick a fight (3) against 2 then loose said fight and shoot a person dead. Everything Deedy did was wrong, he's on trial not Elderts , Elderts is dead. Now does Elderts have anything to do with his demise of course Elderts actions was not all positive but if he believed that he and his friends life was in danger from some drunk azzclown with a gun, threatening to shoot his face, wel
on July 17,2013 | 05:16PM
hapaguy wrote:
Ldub20_Owl316 I've formed an opinion based on what the HPD our Prosecutors Office, the video, and testimony given so far shows: Deedy was the aggressor and interjected himself into something that he didn't need to, he (Deedy) started it by throwing the first blow (was the assailant), Elderts (was the victim of the assault) defended himself and Deedy drew his gun and killed Elderts. The Prosecutions version of events more closely resembles what the video shows and previous statements from the defense do not. What I object to and will rebut are the lies that the Deedy supporters keep putting forth on here....
on July 17,2013 | 05:49PM
Ldub20_Owl316 wrote:
You can't form an opinion based on what the prosecution says just like I can't form an opinion based on what the defense says. Neither of the two is speaking the whole truth!
on July 17,2013 | 06:40PM
hapaguy wrote:
I said I have "formed an opinion' based on what I have seen and heard so far. I did not say "I have come to the conclusion". Am I not entitled to form an opinion based on what I've seen and heard so far? Everyone on here including you is stating their opinions....geeez
on July 17,2013 | 08:29PM
Ldub20_Owl316 wrote:
You are, but taking everything the prosecution says as fact is ignorant.
on July 18,2013 | 12:01AM
hapaguy wrote:
I have never stated anywhere that I believe everything the Prosecution says as fact. You are assuming that because I have an informed opinion regarding Deedy. I would rather trust in our boys at HPD and our Prosecutors office than believe the lying defense attorneys any day. Like I said before, the Prosecutions version of events more closely matches the video. The lying defense attorney's version of events does not. IMO from viewing the video and the testimony so far, Deedy started the fight, he threw the first blow, and when Elderts was getting the better of him, he cowardly pulled his gun and shot an unarmed man.
on July 18,2013 | 12:23AM
kolohepalu wrote:
It's only black-and-white in the sense that Deedy is clearly guilty of exercising poor judgement and unnecessary deadly force. Like Mypualani says, whether Elderts was a swell guy is not at issue- he is dead, and he is not on trial.
on July 17,2013 | 10:06PM
gobows wrote:
ARE they going to put that SECURITY GUARD that was there on the STAND?.....THEY NEED TO!
on July 17,2013 | 02:44PM
2NDC wrote:
I'm sure the Security Officer will testify. Most likely for the defense.
on July 17,2013 | 02:58PM
Mypualani wrote:
Oh yeah well who knows, this case has so many twist and turns I would not doubt your words.
on July 17,2013 | 05:27PM
Mypualani wrote:
Um yeah! The security guard will testify like all the other witnesses, just gottah wait and see.
on July 17,2013 | 05:26PM
MKN wrote:
Why did the police evidence specialist wait well over a year before filing her report? I would like to hear her explanation of that. That sounds rather suspicious. Shouldn't she be fired for incompetence?
on July 17,2013 | 02:49PM
Mypualani wrote:
No explanation needed, these are not put into reports because they are gathering evidence in the reports. Now when it's testimony time , well you know the rest
on July 17,2013 | 05:04PM
312guy wrote:
MKN I totaly agree with you, sounds like the specialist was coached to do that, prosecution wants to win at any cost.
on July 17,2013 | 07:32PM
NanakuliBoss wrote:
Specialist under oath to tell the truth. Lie, and you are in contempt of court or worst perjury.
on July 17,2013 | 10:14PM
gobows wrote:
OK..OK....DOES anyone know??...is HAWAII a "STAND YOUR GROUND" state? with regards to Self Defense LAW?
on July 17,2013 | 03:03PM
Bdpapa wrote:
All the HPD personnel should be reprimanded for not getting that breathalizer. Now, they are trying to cover their back side by saying the smelt alcohol. What a sham!
on July 17,2013 | 03:10PM
false wrote:
By the way, did you hear about the HPD Lt. who might be able to get his license back after the DUI he had. The office who was suppose to testify was sick.
on July 17,2013 | 03:46PM
hapaguy wrote:
Bdpapa we have been over this ad infinitum. Deedy refused to take any sobriety test and he refused to take a blood alcohol test.....try to keep up ok???
on July 18,2013 | 12:46AM
entrkn wrote:
what is the definition of hearsay?
on July 17,2013 | 03:13PM
bullturd wrote:
"Moki heard from his sista Pua-Nani dat da guy wen drink 2 six-pack of da Green Beer. But Pua-Nani also said she heard he only had one six pack." in udder words, Dey don't know! and that's the Analogy of Hearsay"
on July 17,2013 | 03:39PM
Mypualani wrote:
Bravo! Yup that's here-say.in other words I cannot go to court and testify to something that someone else told me, only what I saw and heard and in this case smelled.
on July 17,2013 | 05:07PM
bullturd wrote:
"Show me the Blood Fax." Did Deedy refuse to take an alcohol blood test ?
on July 17,2013 | 03:26PM
eknu wrote:
the lawyers for deedy have no defence so they will dirty up the dead victim any way possible which is like bringing up a rape victim's past sexual history any ways innocent or guilty deedy will walk because the fix is in people wait for it the other shoe will drop and then it hits the fan
on July 17,2013 | 04:20PM
false wrote:
You are so right. Tragic loss and hopefully no more defamation.
on July 17,2013 | 04:51PM
Kailuaraised wrote:
Dirty up the victim? How so?
on July 17,2013 | 04:55PM
Mypualani wrote:
Maybe not, but who knows yeah? I sure don't
on July 17,2013 | 05:08PM
312guy wrote:
"The story you are about to hear is true"; "This is the city: Honolulu, Hawii"; and "My name's Friday. I'm a cop" (eventually, "My name is Friday; I carry a badge"). - "Just the facts, Ma'am"
on July 17,2013 | 07:43PM
64hoo wrote:
just because he smelled of alcohol does not mean he was intoxicated. heck I ate one life saver candy before and anyone you talk to would smell the lifesaver candy on your breath that dos'nt mean I had a lot of life saver candies so we really don't know if he was intoxicated pass the legal limit.
on July 17,2013 | 04:53PM
hapaguy wrote:
64hoo you would be correct except for the fact that there has been witness testimony from HPD and others that Deedy reeked of alcohol, slurred his words, and had trouble balancing. I am sure our HPD boys know a drunk when they see one.....
on July 17,2013 | 05:41PM
2NDC wrote:
Yup, they sure do. Too bad the one that arrested Lt. Colin Wong didn't show up in cout. :-(
on July 17,2013 | 06:55PM
hapaguy wrote:
Who the heck is Lt Colin Wong and what does that have to do with this case?
on July 17,2013 | 07:21PM
xxNOTxx wrote:
FYI--In different ongoing case the arresting officer in the Lt. Wong DUI case called in sick---the arresting officer was scheduled to testify today in court in the Lt. Wong's DUI case. Lt Wong crashed into several parked cars in Waikiki while under the influence of alcohol.
on July 17,2013 | 07:43PM
hapaguy wrote:
Thanks for clearing that up for me. I'm still not sure what that has to do with the Deedy trial and why 2NDC felt the need to bring that up. Is 2NDC trying to get in a dig against our HPD officers? Or was that a bad attempt at humor?
on July 17,2013 | 08:35PM
2NDC wrote:
It was in response to the statement that HPD officers know a drunk when they see one. As for this case, it is unrelated. Bottom line is that in this Hawaii Kangaroo Court, Deedy will get acquitted.
on July 17,2013 | 10:53PM
hapaguy wrote:
2NDC your comments really show how ignorant you are. You berate me about my "opinion" which shows you don't understand the definition of "opinion" and the points you are trying to make don't make sense. e.g.: "Bottom line is that in this Hawaii Kangaroo Court, Deedy will get acquitted." What are you trying to say with that comment? That Hawaii's courts are so stupid that they will make a mistake and acquit Deedy? So Deedy really is guilty and Hawaii's courts are so stupid the will acquit a guilty man?
on July 18,2013 | 12:30AM
51butterflies wrote:
Truly a tragedy! And to think others could have been victims from the missed shots fired. I agree there are no winners in a tragedy like this. Digging up the deceased past mistakes does not justify the situation that happened so quickly that day.
on July 17,2013 | 05:12PM
ethann81 wrote:
on July 17,2013 | 07:33PM
ryan02 wrote:
According to the other story about the guy killed by HPD, the medical examiner thinks it's homicide when law enforcement strangles a guy they're grappling with. Accordingly to Deedy, it's ok to just shoot the guy dead. I wonder which one is correct? If Deedy is correct, all cops have to do is shoot anyone who resists arrest, and it's ok. In fact, according to Deedy's defense, I can even kick a guy until I get a reaction out of him, and then I can shoot him dead in self-defense. Because while it's wrong for the other guy to defend himself against my kicking with his fists, it's ok for me to defend myself against his fists with a gun. That's totally fair, right? Oh, and I can also wildly fire my gun in a McDonalds after I've been drinking, and it's ok. Wow, I learn something new every day.
on July 17,2013 | 08:47PM
lawman1175 wrote:
Will the prosecution show lethal force WAS NOT justified? Will the defense show lethal force WAS justified? Stay tuned....
on July 17,2013 | 10:11PM
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