POSTED: 01:30 a.m. HST, Jul 18, 2013
LAST UPDATED: 06:29 p.m. HST, Jul 31, 2013
A prosecution witness testified Wednesday that U.S. State Department special agent Christopher Deedy smelled of alcohol the morning of the 2011 fatal shooting of Kollin Elderts at a McDonald’s restaurant in Waikiki.
Police evidence specialist Toy Stech told the Circuit Court jury she noticed “a strong smell” of alcohol on Deedy’s breath and also a “sour smell,” as if the alcohol were emanating from
the agent’s pores and perspiration. But Stech testified that she did not file a report about the alcohol odors until January.
The issue of whether Deedy was drunk is a key issue in his trial on a charge of murdering Elderts in the early morning of Nov. 5, 2011, at the fast-food restaurant on Kuhio Avenue.
Deedy, 29, of Arlington, Va., was here to help provide security at the Asia-Pacific Economic Cooperation conference when he and two friends went to bars in Chinatown and Waikiki before ending up at McDonald’s.
The prosecution contends Deedy was driven by alcohol and inexperience when he shot the unarmed 23-year-old Kailua man.
The defense maintains Deedy drank some beer, but was not drunk. His lawyer told the jury Deedy fired his gun to defend himself from a drunken Elderts, who attacked him and grabbed for the agent’s gun.
The prosecution witnesses who testified that Deedy appeared to be drunk or that they could smell alcohol on him include the first police officer at the scene, another who transported him to the Queen’s Medical Center, and two McDonald’s customers.
The shooting occurred at about 2:45 a.m.
Stech photographed Deedy and processed him for gunshot residue at the hospital from about 4:40 to 5 a.m. Her photos and other evidence were shown to the jury.
The photos included pictures of Deedy. The evidence included Deedy’s shirt and shorts, which were stained with Elderts’ blood.
Stech testified that a detective told her to note her observation about smelling alcohol in her processing report, but she said procedures prevented her from doing so.
She said that late last year, a detective asked her to include those points in a witness report, which she submitted in January.
The jury spent the day listening to Stech and another evidence specialist, and two police criminalists, including Claire Chun, who testified she found gunshot residue on the hands of both Deedy and Elderts.