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HPD evidence specialist smelled booze on Deedy

By Ken Kobayashi

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.

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droid wrote:
There’s overwhelming evidence against Deedy. That is the difference between Kolin and Trayvon. Christopher’s defense would do well start plea bargaining now. Prominent reputations are at stake.
on July 18,2013 | 04:13AM
false wrote:
Don't know about "prominent" reputations but it's for sure that Kolin was fighting for his life with residue on his hands. Deedy had no right to pull a gun on a "beef" over words. He was programed by a "friend" be on the look out for trouble with "locals". That was the lens he was traveling with. How's this, if we're local we get it if we are not Hawaiian looking or pass with mixed race. If we are Hawaiian, we are viewed as was Rachel Janteal, "how educated are you, can you speak English, do you know how to work, are you gong to show up, do you have good credit". There are two sides to the coin in this case. Elderts is viewed as everything wrong with locals. Deedy is viewed as everything wrong with people who come here looking for trouble and not blending in.
on July 18,2013 | 05:53AM
allie wrote:
well said. Deedy is guilty of manslaughter in my view. He is an incompetent, unprofessional embarrassment and should never have been sent anywhere to threaten the security of anyone. What a tragedy. I am no fan of the white Elderts either but this should have been a simple local moco shoving match ending in hugs, etc.
on July 18,2013 | 06:00AM
hanalei395 wrote:
" A strong smell of alcohol", .... "A sour smell ..... emanating from the agent's pores and perspiration". These statements are, no doubt, ALREADY on the jurors' minds. In their note pads. And it WILL make a play in their final decisions.
on July 18,2013 | 09:41AM
false wrote:
The defense is going to say, "How does your nose register Under the Influence? Was it 0.08 or 0.16 0.02?" Smelled sour for consumption of liquor? "What credentials do you have for that?" Maybe a tester of Snuggle drier sheets? Hart is going to wreck this testimony with all kinds of bashing. Only the formal blood or breath measure of alcohol will be established as having veracity. Verifiable evidence had to be a number for UI.
on July 18,2013 | 12:16PM
noshortcuts wrote:
are you going to remind us everyday what you think? Yes we know, manslaughter!
on July 18,2013 | 03:43PM
inHilo wrote:
Exactly! If Zimmerman hadn't gotten out of his car with the gun, Trayvon would be alive today. If Deedy hadn't gone out with a gun and had drinks, Eldberts would be alive today. End of story. And what you said about Janteal is true, and the saddest aspect of that case is the failure of the prosecution to make her and Trayvon appear as human beings to the jury; it's as if the prosecution really didn't believe them.
on July 18,2013 | 06:15AM
scooters wrote:
Elberts started it...period, so if he didn't start it..he'd be alive and still the bully that he was..
on July 18,2013 | 08:12AM
ethann81 wrote:
on July 18,2013 | 10:59AM
gobows wrote:
IF Martin kept walking, he'd be ALIVE today as well.
on July 18,2013 | 10:59AM
lee1957 wrote:
If Trayvon hadn't pummeled Zimmerman, Trayvon would be alive today. If ifs and buts were candy and nuts we would all have a merry Christmas.
on July 18,2013 | 11:41AM
false wrote:
It doesn't make sense. Trayvon saw the gun in Zimmerman's hands and was scared to respond. Run and get shot in the back. Zimmerman was out for blood. Wannabe unleashed. Kollin and Trayvon show you what happens when you are staring down a gun barrel and your life is on the end of it. You fight back. And they did. No one wins ...oops Z did, but bullets do not make U turns.
on July 18,2013 | 12:19PM
gobows wrote:
WHO got shot in the back? NOBODY knows if that was going to happen.
on July 18,2013 | 02:47PM
scooters wrote:
You been drinking Kool Aid?
on July 18,2013 | 08:01PM
gobows wrote:
was on Sale at Longs
on July 18,2013 | 08:29PM
lynnh wrote:
Excuse me, no one was shot on the back. Have you even listened to the actual evidence of the trial? Or are you listening to Al Sharpton and Jackson?
on July 19,2013 | 12:14AM
lynnh wrote:
Had Trayvon not committed a felony and assaulted Zimmerman, he would be alive today. Not to mention, which the liberal media is refusing to report, his girlfriend said on a CNN interview that Trayvon thought he was being followed by a gay guy. It is starting to sound a hate crime by Martin.
on July 19,2013 | 12:12AM
maya wrote:
I used to think that Elderts was in the wrong, but changed my mind when I saw the video tape. It appears to me that Deedy was flipping up the back of his shirt- exposing his gun ( like he was ready to pull it out) a few times prior to the fatal shot. It appears he was primed to shoot.
on July 18,2013 | 04:29AM
mitt_grund wrote:
Deedy will probably argue that he likes to gargle with alcoholic beverages to forestall or ameliorate a sore throat, that's why the smell of booze. Saves on having to buy a bottle of L_ _ terine. Seems he overlooked the numerous witnesses that would come forward. It amazes me as to the stretches that defense lawyers go through to defend their clients. Would be interesting to give the defense lawyer a lie detector test to see if he really believes the story he is giving the court and jury. It seems with lawyers, it's only a short leap between seeking justice and outright lying, sorry, strike that - misrepresentation.
on July 18,2013 | 05:30AM
false wrote:
Your interpretation surely applies to Zimmerman defense. Just can't get over how they attacked Rachel Jenteal. Couldn't take them seriously so the jurors had to be really limited in their understanding. How is it that they made an anime and everyone believes that how it went down. Why doesn't anyone consider, like Deedy who drew his gun, no one considers that Zimmerman had his gun drawn which is what promoted the fight and Trayvon moving from one side to the other of the courtyard. Why weren't his hands bagged and checked for residue like Kollin's. Trayvon fighting with Zimmerman doesn't make sense except that he was rerquired to fight for his life too.
on July 18,2013 | 05:58AM
BigOpu wrote:
Mitt, I don't disagree with your view, but I kind of understand the defenses purpose of being deceptive. The way I see your point is that if prosecution has to prove their case beyond a shadow of a doubt, then no matter what nonsense is thrown at them, their case has to be strong enough to disprove any story, or lie thrown at them. On the other side of the coin, justice system can really suck when the bad guys get off because the Prosecutors are weak.
on July 18,2013 | 06:08AM
1coconut wrote:
I think everyone needs to understand, truth means nothing in court. Need an example look no further than O J Simpson.
on July 18,2013 | 06:42AM
Tarball wrote:
Sure, Deedy was intoxicated, but what was Elderts' condition? Is it stereotyping to assume that Elderts was a typical local "moke". . . ..
on July 18,2013 | 07:18AM
false wrote:
It has nothing to do with self fulfilling prophesies. It was two drunks facing off with a gun. Gun and drunk doesn't have a good outcome. Who brought the gun to the fight. It was unequal response. What happen to throwing down the scarf and arranging a battle with aides? Fair consequences.
on July 18,2013 | 12:23PM
Kailuaraised wrote:
Like they say, the only fair fight is the one you lost. Elderts made some poor decisions including trying to take a gun from a Federal Agent.
on July 18,2013 | 01:30PM
hapaguy wrote:
Your showing you ignorance again Kraised. The saying is: "The only UNFAIR fight is the one you lose"...
on July 18,2013 | 03:14PM
Nevadan wrote:
Kailua = wiliki
on July 18,2013 | 04:10PM
hapaguy wrote:
Also, why you got to blame the victim all the time? You saying Deedy never made any poor decisions that night?
on July 18,2013 | 03:16PM
peanutgallery wrote:
put a cork in the Kool-Aid jug.
on July 18,2013 | 01:55PM
false wrote:
Now that's funny.
on July 18,2013 | 03:48PM
entrkn wrote:
on July 18,2013 | 07:27AM
lawman1175 wrote:
Good shoot or bad shoot? Lethal force justified or not? Who's fighting for their life? We shall see...
on July 18,2013 | 07:34AM
Kuokoa wrote:
...and only remembered that a whole year later?
on July 18,2013 | 08:00AM
Graham wrote:
Some thing smells...I don't mean alcohol...
on July 18,2013 | 08:27AM
shoalshonu wrote:
@Kuokoa: Read it again or watch her testimony on video. She was taking photos and assembling and processing other evidence, and neither the HPD forms nor HPD procedures establish a vehicle for an evidence specialist to make any other notes or express any other opinions about the suspect besides the ones relating to the specifically required pieces of evidence. It is not that she "only remembered" a year later; but that the further observations she made while conducting her duties as Police Evidence Specialist in direct contact with the defendant were only sought out later. Which observations she then provided. The bigger question in this case is how in the world HPD procedures allowed the, by all accounts obviously drunk, deedy to avoid a BAC test in the first place. Someone shoots up a restaurant in a sketchy strip of Waikiki and murders a man at 2:45AM and the HPD doesn't test him? What's up with that?
on July 18,2013 | 11:39AM
false wrote:
Constitutional protections for anointed police protection? Deedy wasn't tested because he had a right to counsel and he had to report to his superior. SOP for Federal members.
on July 18,2013 | 12:26PM
kelbells34 wrote:
Deedy wants to stick to his story that he was NOT intoxicated...That makes him look MORE CRAZY in the video if he was sober...LOSER!!! That's scary if he is acting like that and not intoxicated.
on July 18,2013 | 08:07AM
allie wrote:
agree..he needs some jail time. No way he should have been going to a bar with his gun. He was poorly trained and shame on Obama's State Dept for sending out such a dud here.
on July 18,2013 | 08:20AM
Nevadan wrote:
APEC was an international meeting held in HNL. By definition, security had to be the responsibility of HNL security, and possibly the state. Obama and Hillary need to explain what was his guy doing in HNL carrying gun, except to protect a handful of State Department reps. That itself was the responsibility of HNL police. Conclusion: The federal govt is bloated with low-level employees, whom the agencies do not know what to do with. Just walk into a federal building in Wash DC, pass the guards, and you get the smell.
on July 18,2013 | 09:37AM
false wrote:
What did that Fein.....n guy say about locals? Is that why the Federal presence was required. They have to stop profiling. We aren't like that. In most places kokua is the rule. It's so much fun sharing M. Nuts with the guys planning the secrets installations for the mountain top radar. We eat breakfast together every morning, smile, and military or laborers, no huhu. Old people smile at each other, we get old together, share dying together. This McD's thing does not define us. So the APEC turnout of Power to Protect was unnecessary. Deedy brought it with him.
on July 18,2013 | 12:31PM
Nevadan wrote:
Addendum: It is the stench of waste in the federal govt that gave birth to the TEA party
on July 18,2013 | 03:01PM
gobows wrote:
Obama should've sent someone that can hold their liquor better.
on July 18,2013 | 12:35PM
kailuabred wrote:
Obama has nothing to do with it. Keep your politics out of it.
on July 18,2013 | 01:33PM
gobows wrote:
someone brought Obama up.....so I figured he's RESPONSIBLE FOR THIS ENTIRE FIASCO
on July 18,2013 | 02:48PM
scooters wrote:
So he had a booze smell on his breath. So what?
on July 18,2013 | 08:11AM
ethann81 wrote:
on July 18,2013 | 11:00AM
hanalei395 wrote:
on July 18,2013 | 11:19AM
yhls wrote:
In response to Scooters, actually Elderts had no beef with Deedy, according to ALL of the testimony. He had words with someone else. And his friend had words with Deedy's friend. Deedy went out of his way to INSERT himself into a situation where he very quickly got into a fist fight and pulled a gun after THREATENING to SHOOT ELDERTS
on July 18,2013 | 08:24AM
false wrote:
Exactly! Done. Time for the verdict. Where's the national coverage?
on July 18,2013 | 12:33PM
yhls wrote:
In Deedy's case, carrying a gun and drinking was TROUBLE LOOKING FOR A PLACE TO HAPPEN. And guess what -- he found it -- and it happened. Unlike Travon Martin, there were plenty of witnesses and a video of the altercation, all of which support the prosecution's case and weaken Deedy's.
on July 18,2013 | 08:27AM
Aieagrl wrote:
Headline should be, "HPD evidence specialist smelled booze on Deedy, Holds up clear plastic bag to prove point."
on July 18,2013 | 08:27AM
gobows wrote:
on July 18,2013 | 02:51PM
yhls wrote:
And Zimmerman wasn't drinking when he shot Martin. So his judgment wasn't clouded by alcohol. There are similarities, but also big differences in the two cases.
on July 18,2013 | 08:29AM
NanakuliBoss wrote:
Stop the Zim and Deed case comparison. No comparison at all. Video,witnesses,evidence are all different.
on July 18,2013 | 09:11AM
false wrote:
Both brought guns looking for a fight. Witnesses can come to trial but are they equally regarded? Will the state's witnesses be undone just as Rachel Jentean was treated as a hostile witness, when in fact she was there on the cell most of the time. Video comparison, McD's is actual and Zimmerman's is a fantasy anime about what someone wants to sell as truth. Let's see if Deedy takes the stand. Defendants can't take the stand because the Cross with undo them and their "story". Deedy is not going to take the stand. Compare pictures of the defendants with before and after. Big difference.
on July 18,2013 | 12:38PM
scooters wrote:
Well your login name matches your statements there.. FALSE..
on July 18,2013 | 08:05PM
NanakuliBoss wrote:
Deedy reminds me of those movies where the all American preppy boy does the dirty deeds and acts the innocent. There was a lot of mind charging after the video came out.
on July 18,2013 | 09:14AM
oneputta wrote:
Hawaii Law: (According to Andy Bumatai) "One brudda wen say "WHAT?" anudda brudda say "WHY" garun-ball-bearins they gonna beef. It's also the law in Baton Rouge, Houston, Philly, and even nice ole' Portlandia . . .
on July 18,2013 | 09:16AM
false wrote:
Thank you so much. It's the same at my house. My spouse gets it all the time.
on July 18,2013 | 12:39PM
gobows wrote:
IF there was evidence that Zimmerman told Martin that he was going to SHOOT HIM IN THE FACE, Zimmerman would've been guilty of something.
on July 18,2013 | 09:34AM
false wrote:
And that's what started the fight for life. Trayvon had to turn a gun away to protect himself but guns have a life or death of their own structure.
on July 18,2013 | 12:40PM
lynnh wrote:
And you know this how? Al Sharpton? Someone assaults me, they will get shot to.
on July 19,2013 | 12:19AM
mikethenovice wrote:
Smell? That's the dog's job. We have high tech instruments to detect that now.
on July 18,2013 | 11:46AM
Kalaheo1 wrote:
mikethenovice wrote: "Smell? That's the dog's job. We have high tech instruments to detect that now."

Recognizing the drunk and impaired is part of a police officers skill set.

The reason Mr Deedy wasn't tested for alcohol that night was because he REFUSED to let the police or hospital test him. I wonder why?

on July 18,2013 | 01:01PM
mikethenovice wrote:
The cop might have been smelling his own booze. Plant any doubt beyond a reason to the jury. Case thrown out!
on July 18,2013 | 11:48AM
Kalaheo1 wrote:
mikethenovice wrote: "The cop might have been smelling his own booze. Plant any doubt beyond a reason to the jury. Case thrown out!"

I think the key word there is "reason."

You either have to believe that man who police said was smelled of alcohol, was unsteady on his feet, and slurring his words and refusing a sobriety test was likely drunk OR you need to believe that every uniformed, on duty HPD officer who came in contact with him that night was drinking heavily on duty. Which do think a reasonable person would believe?

on July 18,2013 | 12:58PM
Kailuaraised wrote:
Not really. The defense could say he smelled like booze from the fight with Elderts and it rubbed off on him while administering first aid. Deedy was in close contact with him.
on July 18,2013 | 02:51PM
hapaguy wrote:
Your too funny Kraised! Yeah the defense could make such a preposterous claim but I doubt anyone with even a smidgen of intelligence would believe it.....lol
on July 18,2013 | 03:09PM
RingRing wrote:
You and the whole defense team are grasping for straws already. . . Deedy is toast. . .
on July 18,2013 | 03:33PM
mikethenovice wrote:
Exactly. Thank You. Somebody is paying attention.
on July 18,2013 | 07:19PM
mikethenovice wrote:
This is why a lot of innocent people are in jail, and a lot of guilty are walking among us. Gathering untainted forensic evidence is 99.9% of the case.
on July 18,2013 | 11:50AM
gobows wrote:
IF......this JURY, decides to RULE like the Zimmerman case, Deedy will go FREE. Anything and EVERYTHING that happened before the final ACT wont make a difference. The guy with the GUN, has the RIGHT to STAND HIS GROUND. If someone ATTACKS the person with the GUN, it becomes SELF DEFENSE. NOTHING ELSE WILL MATTER.
on July 18,2013 | 12:34PM
Kailuaraised wrote:
Why doesn't the advertiser ever post some of the cross examination questions?
on July 18,2013 | 01:33PM
RingRing wrote:
My guess is that the cross examinations are not mentioned because they didn't come even remotely close to uncovering any pertinent information.
on July 18,2013 | 02:04PM
Kailuaraised wrote:
Even so, wouldn't people like to hear both sides of the trial?
on July 18,2013 | 02:50PM
mikethenovice wrote:
This newspaper is written for the fifth grade level.
on July 18,2013 | 07:18PM
gobows wrote:
i think Deedy will go FREE. Only problem is that he threatened Elderts that he was going to shoot him in the face.
on July 18,2013 | 02:53PM
false wrote:
Did anyone say that the guy wasn't drinking?
on July 18,2013 | 03:44PM
cigaripo wrote:
In both Deedy and Zimmerman cases, they could've / should've summoned police first. Then step back from any confrontation till they arrive. As in the police procedure, they'll use their firearm when threatened with a deadly weapon. What weapon did Eldert or Trayvon have, just their fist and mouth. Is that reason to shoot someone? Both Deedy and Zimmerman got into the confrontation with a gun as their backup when they got their butts kicked. They're like any thug with a gun, who goes out to start trouble and start shooting when on the loosing end. Didn't mean to kill anyone? Why have a gun with them then? A gun is meant to kill period.
on July 18,2013 | 08:00PM
64hoo wrote:
seems like everybody was drinking that night an going to mcdonalds to sober up witnesses and all even the police evidence specialist toy did not even put the smell of alcohol in her report I guess she was trying to sober up too. a trial with a bunch of witnesses who are drinkers. so nobody saw the scuffle not even the mcdonalds video cameras.
on July 18,2013 | 09:05PM
64hoo wrote:
also one witness said the other day I saw the fight but did not here any gunshots. if he could not here the gunshots I guess he was crocked. so all the witness were crocked
on July 18,2013 | 09:39PM
lynnh wrote:
Just wait for the defense witnesses before you all pass judgement. So far it is one sided with despicable tactics of creating evidence a year later.
on July 19,2013 | 12:22AM
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