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Friend recalls drinking but not argument

By Ken Kobayashi

LAST UPDATED: 3:27 p.m. HST, Jul 24, 2013

Christopher Deedy’s former college roommate testified Monday that the State Department special agent ordered five beers at five different bars before the 2011 fatal shooting at a McDonald’s restaurant in Waikiki.

Adam Gutowski, a Waikiki resident, said he went drinking with Deedy at Chinatown and Waikiki bars before Kollin Elderts was shot at the fast-food restaurant on Kuhio Avenue at about 2:45 a.m. Nov. 5, 2011.

Gutowski testified he had bourbon drinks and became so intoxicated he wouldn’t have been able to drive a car.

He said his memory of the events at McDonald’s was hazy, and he didn’t remember much of what was said, but testified he recalled Elderts saying either “You have a gun?” or “You’re not the only one with a gun.”

Deedy, 29, an Arlington, Va., resident here to help provide security for the Asia-Pacific Economic Cooperation conference, is charged with murdering Elderts, 23, of Kailua.

The prosecution contends the agent was fueled by alcohol and inexperience when he shot the unarmed Elderts. The defense maintains Deedy fired his 9 mm Glock handgun in self-defense to ward off an attack by Elderts.

Police witnesses and McDonald’s customers have testified that Deedy appeared to be drunk. The defense contends Deedy, who weighs 190 pounds at 5 feet 11 inches, drank beer but was not intoxicated.

Gutowski took the stand on the ninth day of trial and as the prosecution opened its third week of presenting its case in Circuit Court.

He and Deedy attended Tulane University in New Orleans and were in the same fraternity, he said.

Gutowski testified he arranged to meet Deedy and check out First Friday events in Chinatown.

He affirmed he received a text message from Deedy at about 3:13 p.m. Nov. 4 saying, “OK, meeting is on for tonight. Dinner and craziness after?”

Gutowski said he and Jessica West, his girlfriend at the time, met Deedy at Waikiki’s King’s Pub before leaving at about 9 p.m. for Chinatown, where they went to a Mexican restaurant, Smith’s Union bar and BambuTwo bar.

They returned to Waikiki shortly after midnight and went to Moose McGillycuddy’s and Coconut Willy’s before going to the McDonald’s, Gutowski said.

He said Deedy ordered a beer at each of the five bars.

It was at Moose McGillycuddy’s at about 12:30 a.m., Gutowski said, he learned Deedy was armed when he patted the agent on the back and felt the weapon.

“Is that what I think it is?” Gutowski said he asked the agent. He said Deedy replied, “Yes.”

Gutowski said he didn’t think too much of it because his understanding is that the agent could be called to duty at any time.

He said he didn’t know who drank the nine drinks on the bar tab at Coconut Willy’s, although he said two women his girlfriend knew also ordered drinks.

Gutowski said he wasn’t paying attention to how much his girlfriend and Deedy had been drinking.

“I didn’t feel a need to monitor their drinking habit,” he testified.

He said they were on their way to the country and western bar, Nashville Waikiki, when he turned in to McDonald’s because he wanted Chicken McNuggets. Deedy and West followed him in.

Gutowski said he doesn’t recall hearing Deedy threaten to shoot Elderts in the face, which was the testimony of another customer, Alexander Byrd.

But Gutowski also testified he didn’t hear Deedy identify himself as a police officer.

He testified he didn’t see Deedy kick Elderts. In addition, Gutowski said he, himself, was tackled during the altercation, and recalled hearing two shots.

The defense is not disputing Deedy fired his gun three times, with one of the shots fatally hitting Elderts in the chest.

Circuit Judge Karen Ahn recessed the trial for the afternoon after city Deputy Prosecutor Janice Futa showed coldlike symptoms.

Gutowski will retake the stand when the trial resumes this morning.

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