POSTED: 2:05 a.m. HST, Jul 19, 2013
LAST UPDATED: 3:08 p.m. HST, Jul 24, 2013
During the eighth day of testimony in State Department special agent Christopher Deedy's murder trial, a witness for the first time noted that Deedy did not appear to be intoxicated in the early-morning hours of Nov. 5, 2011, after he fatally shot a 23-year-old Kailua man at a Waikiki McDonald's.
An emergency room physician testified that he did not recall smelling alcohol on Deedy's breath when he examined Deedy shortly after he arrived in handcuffs at the Queen's Medical Center.
Dr. Kyle Perry said he noted in Deedy's medical record that Deedy showed no signs of distress, had normal coordination, was speaking in full sentences and could move without difficulty.
When asked by the defense if he had any reason to believe Deedy was intoxicated, Perry said, "At that time, no, I did not."
Deedy was taken to Queen's after complaining that his nose and jaw hurt. He was diagnosed with a broken nose. According to his medical record, he arrived at the hospital at 4:08 a.m. The shooting occurred around 2:45 a.m.
Earlier this week, evidence specialist Toy Stech said she noticed "a strong smell" of alcohol on Deedy's breath and a "sour smell," as if the alcohol were emanating from the agent's pores and perspiration, when she photographed him and tested him for gunshot residue at the hospital from about 4:40 to 5 a.m.
Earlier Thursday, retired police Sgt. Kenneth Schreiner told the Circuit Court jury that Deedy slurred his speech, seemed "semi-unsteady on his feet" and that his eyes appeared glassy. Schreiner also said Deedy's breath smelled of alcohol.
The jury has heard from other responding officers and McDonald's customers who said they thought Deedy appeared to be under the influence of alcohol when he fatally shot Elderts.
Deedy, 29, of Arlington, Va., was here to help provide security at the Asia-Pacific Economic Cooperation conference. 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 Kollin Elderts, who was unarmed.
The defense maintains Deedy had 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.
Previous witnesses have testified that a bullet casing fell from the chamber of Deedy's 9 mm Glock handgun when an officer was instructed to "make it safe."
Cindee Lorenzo, a criminalist and firearms expert with HPD, testified Thursday that she can't say with certainty what prevented the bullet casing from automatically ejecting.
Lorenzo also positively identified the three casings found at the scene as being associated with bullets shot from Deedy's gun.
Perry also testified that he examined Deedy's friend Adam Gutowski, who was with Deedy that night and scuffled with Elderts and his friend Shane Medeiros.
Perry said Gutowski told a triage nurse that he might have been hit by a gun while trying to break up a fight. He found a bruise on Gutowski's right cheek, a laceration and swelling commonly refered to as a "goose egg" above his left temple, and a cut on the left side of his head that was less than 1 centimeter long, he said.
Perry said he could not recall whether Gutowski smelled of alcohol or exhibited signs of intoxication.
Perry told the prosecution that neither Gutowski's nor Deedy's injuries appeared to be life-threatening.