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CHRISTOPHER DEEDY TRIAL


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Friend recalls drinking but not argument

By Ken Kobayashi

POSTED:
LAST UPDATED: 03:27 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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LMO wrote:
"The defense contends Deedy, who weighs 190 pounds at 5 feet 11 inches, drank beer but was not intoxicated." Beer is an intoxicant. One beer = one shot. Five shots over a three hour or so period would definately have Mr. Deedy drunk. He should not have been carrying a gun.
on July 23,2013 | 01:47AM
kiragirl wrote:
A bigger person can handle more alcohol than a smaller person. One beer is not equivalent to one shot. Some people can tolerate more alcohol than others.
on July 23,2013 | 01:59AM
KeithHaugen wrote:
One beer is equivalent to one shot. And five or six or seven or eight that Deedy drank would have at least impaired his judgement. He should not drink on duty; and should carry a gun while out drinking.
on July 23,2013 | 07:16AM
kiragirl wrote:
I am not going to debate you on the equivalent of the alcohol in a bottle of beer and a shot. I do agree that drinking alcohol should not be permitted when carrying a firearm. Drinking one beer an hour and having some pupus may not impair some people because alcohol dissipation is about a beer an hour so it negates its affects.
on July 23,2013 | 07:31AM
aomohoa wrote:
You are right about eating and alcohol. You will be more effected on an empty stomach.
on July 23,2013 | 09:26AM
droid wrote:
I will definitely debate you on this. It’s simple math. 12 oz (one beer) x 5% alcohol (Budweiser) = 0.5 oz alcohol. 1 oz (one shot) x 50% alcohol (tequila) = 0.5 oz alcohol. So you see, regardless of any pupus, based on simple math, one beer = one shot. Please get a clue, kiragirl!
on July 23,2013 | 11:00PM
allie wrote:
agree
on July 23,2013 | 12:06PM
NanakuliBoss wrote:
Not about the drinks but "selective" memory. The friend does not remember the argument, but remembers Elderts saying something like " you not the only one with a gun"? Hahaha. But doesn't remember the " I'm going to shoot you in the face"! by Deedy? Lol. Friends. Adam cannot out and say Deedy wasn't drinking, cause that would be perjury. But he's doing what ever he can to help his buddy.
on July 23,2013 | 08:02AM
aomohoa wrote:
That is why so many witness testimonies are worthless. Our system just doesn't always work I say sodium pentathol is the answer.
on July 23,2013 | 09:30AM
wiliki wrote:
I disagree. Adam admits he was too drunk to remember everything. What he remembers is what he remembers. Nothing more, nothing less.
on July 23,2013 | 10:22AM
false wrote:
That about sums it all up.
on July 23,2013 | 01:56PM
Mypualani wrote:
Simple
on July 23,2013 | 07:12PM
allie wrote:
I am really sick of all the drunk guys with no memory, no morals, and no brains.
on July 23,2013 | 12:07PM
silvangold wrote:
then tell you wat allie.....go back to your tribe and live in a tent. are you even American I don't know...you (most of the time) have no brains yourself!
on July 23,2013 | 01:40PM
RetiredWorking wrote:
Know what's worse? Watching a drunk woman with no memory, no morals and no brains.
on July 23,2013 | 07:31PM
wiliki wrote:
I agree.... 5 beers does not make a case for drunkeness...
on July 23,2013 | 10:19AM
NanakuliBoss wrote:
5 beers minimum from a drunk that doesn't remember a thing or was not monitoring his adult friend.
on July 23,2013 | 01:00PM
wiliki wrote:
But the guy testified under oath, so he was probably pretty close to the exact number. He got it other details too. It has never been mentioned that Deedy's fried was also tackled. The prosecutor hasn't got the whole story.
on July 23,2013 | 08:26PM
RetiredWorking wrote:
wiliki, I cannot hold my liquor. Five beers and I'm done for the night. I've always been like that. 5'8" 175lbs.
on July 23,2013 | 07:34PM
wiliki wrote:
Deedy is 5'11" and 200 lbs??? But he had been eating....
on July 23,2013 | 08:24PM
2NDC wrote:
Rate of absorption would depend on what/if he ate anything while consuming the alcohol. Also, the number of drinks that Deedy actually consumed hasn't been established.
on July 23,2013 | 02:54AM
NanakuliBoss wrote:
Garans tab for all drinks. Every notice, ha ole don't buy pupus. They rather spend the money for all liquor. On the mainland, I was so surprised of the half gallon vodka s being the best seller at Safeway. Drink culture ova dea.
on July 23,2013 | 08:19AM
aomohoa wrote:
Some places have free pupus.
on July 23,2013 | 09:31AM
NanakuliBoss wrote:
Popcorn ain't pupu.
on July 23,2013 | 01:01PM
Mypualani wrote:
LOL
on July 23,2013 | 08:41PM
Kalaheo1 wrote:
2NDC wrote: "Rate of absorption would depend on what/if he ate anything while consuming the alcohol. "

The problem with that is, the bar receipts don't show food purchases, just a lot of drinks. Adam Gutowski states the reason they went to McDonalds was he was hungry.


on July 23,2013 | 08:38AM
2NDC wrote:
Gutowski was hungry, not Deedy. As mentioned earlier, some places offer free pupus, maybe the ladies purchased the pupus? There are many more witnesses scheduled to testify. The trial is far from over.
on July 23,2013 | 11:20AM
Kalaheo1 wrote:
Honestly, I don't care if he just got up from Christmas dinner or if he drank 5 beers or 50.

We already know that he drank too much for any armed person.The Prosecution has established that (and so has the defense.)

And whether Elederts said either “You have a gun?” or “You’re not the only one with a gun” it proves that Deedy was talking about about his concealed gun and brandishing it before pulling it and shooting Elderts.


on July 23,2013 | 12:53PM
false wrote:
No they haven't proven he was drunk .......yet.?
on July 23,2013 | 01:58PM
wiliki wrote:
Yes... he may have had a couple beers at dinner. I find that three beers at dinner doesn't affect me over three hours and I drink soft drinks, coffee and tea after dinner. Perfectly sober to drive home. I've never had problems from beer or alcohol because I try to purposely address the issue. It's easier to over-eat and get a little drowsy on the way home.
on July 23,2013 | 10:27AM
Kalaheo1 wrote:
I find that three beers at dinner doesn't affect me over three hours and I drink soft drinks, coffee and tea after dinner. Perfectly sober to drive home.

Let me know how well the "I only had three beers with dinner" defense flies with HPD. And who takes 3 hours to eat dinner?


on July 23,2013 | 12:54PM
wiliki wrote:
I don't mean bar hopping.... dinner parties can often last a lot longe than three hours. I don't want to impose on the host. With family, I'll stay a bit longer than 3 hours because I'm usually there early anyway and one or two of the beers is with the pupus.
on July 23,2013 | 08:22PM
false wrote:
ok. you're invited to the party.
on July 23,2013 | 01:58PM
PUNCHBOWLER wrote:
Guarans he drank more. The mullet friend is trying to come up with a number of drinks that sounds like a wee bit too much, but not so much that presents Deedy as a serious drunk.
on July 23,2013 | 07:07AM
KeithHaugen wrote:
Deedy's drinking problem certainly relates to his lack of judgment and desire to shoot someone.
on July 23,2013 | 07:17AM
allie wrote:
yup..and he is just a low-level guy with no training, ethics or judgment. Why would Hillary's gang send such a silly person here?
on July 23,2013 | 12:08PM
silvangold wrote:
well, that's almost like you. a low-level tribes person that got no training, ethics or judgment (can tell da way u write). and, HON, Hillary's gang isn't Hillary's gang. and who's the silly person....you? oops... I guess so, somebody sent YOU here.
on July 23,2013 | 01:45PM
KeithHaugen wrote:
That's five beers before the last bar and the friend doesn't know how many of the nine drinks, Deedy consumed. No wonder he was drunk. He should not have been carrying a gun even if he wasn't drinking. Bar-hopping, looking for trouble because of the advance warning he had been given, would have told a more mature man to leave his gun at home.
on July 23,2013 | 07:15AM
Manoa2 wrote:
This guy set out with the idea of drinking and drinking a lot, hence Deedy's text referencing "craziness" in their plans for the night. Therefore, he should not have taken his gun. Either you are on duty or on call and armed AND THEREFORE NOT drinking, or you are going drinking in which case you should not be armed. This is like the Zimmerman case (but with witnesses and tape)-- a guy in casual plainclothes should not be walking around with a concealed firearm, because it is quite likely going to lead to no good if the guy with the gun uses poor judgement which then leads to a confrontation. No gun and drinking OK, gun and drinking plus confrontation equals Deedy going to jail.
on July 23,2013 | 08:31AM
allie wrote:
agree..please convict of manslaughter.
on July 23,2013 | 12:09PM
silvangold wrote:
ok I convict YOU of stupidness
on July 23,2013 | 01:46PM
scooters wrote:
Again, the case is now about how much Deedy was drinking instead of the Big Body Aggressive Actions by Elderts. WOW
on July 23,2013 | 04:20AM
false wrote:
Please read the script, Deedy got out of his seat and walked over to where Elderts was sitting. If N. Korea brings it's big guns into our waters and threatens us, what will the US response be? Deedy's actions are the same, he brought his gun so he could hurt someone and he did. Do you get into someone's space when they are obviously not thinking straight? Lots of homeless can be irritating in their mumblings and do you get near to tell them to go away? It's all around us everyday but we know not to ruffle the person so we can enjoy the peace. Deedy was too young and too arrogant and too drunk to think straight.
on July 23,2013 | 04:32AM
sailfish1 wrote:
Where do you get this "he brought his gun so he could hurt someone "? Lots of law enforcement people carry a gun when off duty and they are NOT looking to hurt anyone. You are obviously anti-mainland, anti-federal agents, anti-white, anti-educated, or anti-everything - which is it?
on July 23,2013 | 08:23AM
Kalaheo1 wrote:
sailfish1 wrote: "Where do you get this "he brought his gun so he could hurt someone "? Lots of law enforcement people carry a gun when off duty and they are NOT looking to hurt anyone. You are obviously anti-mainland, anti-federal agents, anti-white, anti-educated, or anti-everything - which is it?"

I don't know about False, but I am anti-carrying a concealed, loaded weapon while consuming alcohol in violation of my own agency's firearm policy, picking a fight, striking the first blow, and when I realized I bit off more than I could chew, shooting up a McDonalds and killing a man who seconds before had been peacefully waiting for his hamburgers.


on July 23,2013 | 08:43AM
allie wrote:
Elderts was a drunk white man who was reportedly a punk most of his unhappy, selfish life. But he did not deserve to die. This would have been just the usual loco moco shoving match had the gun not come out. No heroes in this mess.
on July 23,2013 | 12:11PM
RetiredWorking wrote:
All-lie, If you called a drunk, local part-Hawaiian/Portuguese/English or whatever, he's might laugh until he falls off the chair, or hook you, male or female. Culturally, Elderts was not white. You know that, but you STILL tout him as "white".
on July 23,2013 | 07:45PM
false wrote:
His friend? Fein.... told him "to watch out for locals" and so he decided to bring his gun. That was reported.
on July 23,2013 | 06:18PM
allie wrote:
agree
on July 23,2013 | 12:10PM
silvangold wrote:
wow....classic....you just agreed to yourself
on July 23,2013 | 01:47PM
roxeee wrote:
Coconut Willy's was the last bar they went to, and the group had nine drinks. They need to interview the staff there, to see if they remember Deedy and if he exhibited any drunken behavior. In DUI cases, the last liquor establishment is held responsible and risks losing their liquor license... they have a responsibility to pay attention to patrons and not serve alcohol to anyone who is intoxicated.
on July 23,2013 | 05:11AM
false wrote:
They surely missed on this one. Deedy looked intoxicated in his pictures, his responses were telling. Bars need to give breath tests.
on July 23,2013 | 05:23AM
Malani wrote:
BINGO! great idea false. Now if the City would pick up on your idea, work out the details where a licenced bartender would be given the go ahead to implement the breath test would save alot of problems.
on July 23,2013 | 05:48AM
PUNCHBOWLER wrote:
Totally agree. Funny, though, how Deedy's attorney is saying Deedy doesn't look wasted in his mug shot. Are you kidding me? He looks like he can barely keep his glassy, red eyes open.
on July 23,2013 | 07:09AM
KeithHaugen wrote:
Hart is looking at a different picture. The one we all saw showed a man who had too much to drink.
on July 23,2013 | 07:20AM
PUNCHBOWLER wrote:
Gotcha - and thanks for the clarification. I hope that that disconnect is not an issue for the jurors, as it was in my mind.
on July 23,2013 | 07:25AM
pakeheat wrote:
Looks like lots of comments are saying Deedy was drunk, so how does one who is drunk able to shoot a person while fighting on the ground? I would think the other person could have wrestled the gun away?
on July 23,2013 | 07:56AM
Kalaheo1 wrote:
Drunks with guns manage to kill a number of people like that.
on July 23,2013 | 08:44AM
pakeheat wrote:
If you can name a case with such situation, please do so? A drunk can go into a establishment and just shoot anyone, that I don't disagree with but one on one situation, how does a drunk shoot that person?
on July 23,2013 | 12:24PM
Kalaheo1 wrote:
I just did a quick google and came up with this: http://lacrossetribune.com/news/local/police-drunk-man-pulls-gun-during-fight/article_ab19e93a-3b70-11e2-8d82-0019bb2963f4.html

But that obviously doesn't prove anything besides drunks will pull guns during fights if they have a gun. From the looks of Deedy, he was more concerned with getting to his gun than he was in defending himself or protecting his face. (I realize that is wild guess too, you are welcome to argue with me, but I will concede that I'm only guessing quickly)


on July 23,2013 | 01:03PM
NanakuliBoss wrote:
A stinking drunk cannot miss a person from 6 inches away from his chest. He did miss a 3 ft shot,twice.
on July 23,2013 | 01:05PM
false wrote:
Zimmerman?
on July 23,2013 | 06:20PM
RetiredWorking wrote:
A legally drunk person is not totally incapacitated. If I had 5 beers, I might need to miss twice, then kill you. Also, groundfighting is a martial art skill. Are you saying a sober 98lb weakling could wrestle a gun away from a drunken 200lb professional wrestler?
on July 23,2013 | 07:52PM
false wrote:
Or in his head.
on July 23,2013 | 06:19PM
KeithHaugen wrote:
Police should also have given him a breath or blood test. Professional courtesy between/among armed government employees should only go so far.
on July 23,2013 | 07:19AM
PUNCHBOWLER wrote:
He declined. And I guess that, as logical as it would seem, law enforcement can't strap you down and make you take one if you really don't want to. But if you refuse in the case of a DUI, the penalty for refusal is the same as blowing over the 0.08. Makes sense. There should be a similar penalty or ramifications for refusal of BAC test in other circumstances (like being arrested for a violent felony).
on July 23,2013 | 07:28AM
kiragirl wrote:
He refused because he was not afforded to make a phone call to his supervisor.
on July 23,2013 | 07:34AM
PUNCHBOWLER wrote:
Not a terribly swaying or logical reason to do so, in my humble opinion.
on July 23,2013 | 07:39AM
NanakuliBoss wrote:
That's bs Kira. That's what he said.
on July 23,2013 | 08:06AM
allie wrote:
both dudes were drunk
on July 23,2013 | 12:12PM
RichardCory wrote:
"They need to interview the staff there, to see if they remember Deedy and if he exhibited any drunken behavior." Good idea, detective! I bet nobody has thought of that before. Too bad they're already in the middle of trial. Wish you could have shared some of your brilliance with the world sooner. :(
on July 23,2013 | 06:30AM
roxeee wrote:
Thanks... well, maybe they already did, and the staff couldn't give any helpful information.
on July 23,2013 | 09:26AM
busthalfnut wrote:
Alcohol means impaired judgment, which if proven means a conviction. Reedy looks impaired in the photos I've seen.
on July 23,2013 | 06:15AM
sloturle wrote:
Damn Deedy can drink!! After 5 bars they still going to a 6th... Deedy must have been drinking more than one beer at each bar.. guys crazy!!!
on July 23,2013 | 06:51AM
livinginhawaii wrote:
Send this frat rat to the real animal house over at OCCC. I'm sure he will enjoy their toga parties.
on July 23,2013 | 07:05AM
PUNCHBOWLER wrote:
He'll end up at the Thunderdome (aka Halawa) if it comes down to that.
on July 23,2013 | 07:42AM
false wrote:
Feds will put him up in some plushy prison hotel.
on July 23,2013 | 06:21PM
Mypualani wrote:
This is not a fed trial. No plushy anywhere.
on July 23,2013 | 06:41PM
false wrote:
So they say, but the Feds protect their own.
on July 23,2013 | 11:13PM
Mypualani wrote:
Point taken
on July 24,2013 | 12:16PM
Kate53 wrote:
There are people who can drink a lot of alcohol and not appear VISIBLY drunk; they are drunk of course, but not visibly so, and their judgment is still impaired. And sometimes people who carry guns choose to confront rather than walk away from unarmed people -- ego run amok.
on July 23,2013 | 07:34AM
soundofreason wrote:
At what point are we going to be discussing the ILLEGAL drugs in Elderts system?
on July 23,2013 | 07:43AM
PUNCHBOWLER wrote:
Probably once the prosecution is done with presenting its case. Doubt they'd want to bring this to light. :)
on July 23,2013 | 07:59AM
Slow wrote:
The drugs Kollin allegedly took drained out of his body when he was shot to death. Is there any legal reason why the attorneys seem to be dwelling on intoxication? Is somebody more or less guilty because of intoxication?
on July 23,2013 | 07:59AM
pgkemp wrote:
that's the only thing the prosecution has that deedy was drunk.......
on July 23,2013 | 11:38AM
NanakuliBoss wrote:
That's has nothing to do with the case,sor.
on July 23,2013 | 08:08AM
soundofreason wrote:
But alcohol does? Drinking is legal yet......
on July 23,2013 | 08:12PM
SueH wrote:
Very good point. The prosecution is trying its best to paint Deedy as an irresponsible drunk. Elderts wasn't exactly a MENSA candidate, and had previous convictions on his record. His family couldn't even produce a picture of him without a Heineken bottle clutched in his hand. If we want to talk about irresponsibility, substance abuse, lack of judgment, and disregard of the law, then Elderts is the poster child.
on July 23,2013 | 09:08AM
PUNCHBOWLER wrote:
Don't worry. The defense will have a field day with everything you mentioned.
on July 23,2013 | 09:39AM
Usagi336 wrote:
Check him on youtube. Lot's of good pictures. At least he didn't need to carry a gun to prove anything.
on July 23,2013 | 10:10AM
allie wrote:
all true but Deedy should never have pulled a gun. Elderts was about as dangerous as a porcelain doll.
on July 23,2013 | 01:16PM
gobows wrote:
Hmmm...what about that porcelain doll???
on July 23,2013 | 01:35PM
RetiredWorking wrote:
All-lie, I'm 5'8" 200lbs. Elderts would've sent me to the hospital if I fought him.
on July 23,2013 | 07:55PM
SueH wrote:
Gutowski is a friend of Deedy?? Apparently not anymore.
on July 23,2013 | 08:08AM
Mypualani wrote:
Why?
on July 23,2013 | 06:43PM
DA_HANDSOME_CHINAMAN wrote:
"Police witnesses and McDonald’s customers have testified that Deedy appeared to be drunk." After everyone and the police said he appeared to be drunk, the defense attorney said Deedy wasn't. Everyone was at McDonalds, except the defense attorney, what a stupid guy. I wouldn't have him defending me. yeah yeah I know, he gotta try. Deedy's buddy said he was drinking a lot.
on July 23,2013 | 08:23AM
LKK56 wrote:
Being drunk is the mental state Deedy and Elderts were in. How you handle being drunk shows maturity. When you are drunk, you know what you are doing, you just need to be mature enough to handle being drunk. When you are drunk, you should know better to not: drive, argue, fight, shoot a gun or make financial decisions. By the way, I sure hope Deedy is paying for his defense and not the federal government.
on July 23,2013 | 08:38AM
hanalei395 wrote:
No doubt, in the jurors' minds ......Deedy, ...drunk .... drunk ...drunk ... AND .... armed.
on July 23,2013 | 09:00AM
NanakuliBoss wrote:
The defense will bring a forensic alcoholistic expert, who will say 5 beers x 7 hrs x 196 lbs. x $$$$ = sober. Lol.
on July 23,2013 | 01:09PM
aomohoa wrote:
What happened to the good old days when two guy would just duke it out!
on July 23,2013 | 09:33AM
Mypualani wrote:
It's done gone.
on July 23,2013 | 06:45PM
whatcanisay wrote:
Wasn't there testimony earlier that said Gutkowski talked to Elderts first, and then Deedy got involved? Gutkowski claims he was pretty drunk and doesn't remember a lot of things. The defense attorny should be able to rip apart his testimony.
on July 23,2013 | 09:33AM
gobows wrote:
Just because people say you drunk.....dont mean you drunk, without scientific proof.
on July 23,2013 | 09:34AM
gobows wrote:
As long as Deedy didn't just pull out his gun and shoot Elderts just standing there with his arms down, then he won't be convicted of murder 2.
on July 23,2013 | 09:36AM
hapaguy wrote:
gobows I told you before that Murder 2 is when you show malice aforethought but no premeditation in the killing of someone. Plan to kill someone then kill them = Murder 1. Get into some altercation with someone then tell them you are "going to shoot them in the face" then you kill them = Murder 2. Get into an altercation with someone and they die without premeditation or malice aforethought = Manslaughter
on July 23,2013 | 11:29AM
gobows wrote:
haha...OK, OK....I just must be HARD HEADED .... can't get that thru this thick skull.....
on July 23,2013 | 11:41AM
wiliki wrote:
So at most it may have been 5 beers? That's not a prescription for uncontrolled drunkenness. And he was also tackled? Where is that coming from? The prosecutor is losing control of her case.
on July 23,2013 | 10:18AM
MKN wrote:
@wiliki: 5 beers is the amount that Gutowski knows that Deedy drank that night. It's possible that he may have had more, but no one knows except the people that Deedy was with and Deedy himself. 5 beers over 5 hours doesn't necessarily make you drunk. A person's weight and metabolism and what they ate (if anything) also factors into this as well. Only accurate way to tell is either a breathalyzer or blood test.
on July 23,2013 | 11:03AM
2NDC wrote:
No where does it say that Gutowski stated that Deedy consumed the 5 beers. All that was mentioned is that Deedy "purchased" them.
on July 23,2013 | 11:27AM
gobows wrote:
AND...don't forget, he didn't see him actually, CONSUME them beers too.......
on July 23,2013 | 11:39AM
Kalaheo1 wrote:
wiliki wrote: "So at most it may have been 5 beers? That's not a prescription for uncontrolled drunkenness."

No, it means it was AT LEAST 5 BEERS. And that is from his old fraternity brother who admits his recollection is cloudy and doesn't seem to remember anything about the 9 drinks that Deedy paid for at the last bar they hit that night.

And when you are carrying a concealed weapon, you don't avoid "uncontrolled drunkenness" you avoid ANY drunkenness at all. Alcohol messes with your judgement and coordination. It's why doctors and cops and pilots don't drink anything 6 hours before starting work or even being on call.

The prosecutor is doing a fine job of establishing testimony that Deedy was drinking, and that he was threatening Elderts's life, brandishing a firearm and then shot Elderts


on July 23,2013 | 01:14PM
wiliki wrote:
Nope... his friend was there the whole time. 5 beers may not be the exact number, but that's a good estimate. Deedy didn't have brain surgery that nite. If he had been called he would have been prepared to do the job. He knows what's expected of him. Certainly, he would not have used his gun except in self-defense. In this case, he was attacked and self-defense is a good reason to defend himself.
on July 23,2013 | 08:17PM
Mypualani wrote:
So Elderts just jumped up and attacked him? So he had to use his gun. Oh nay that is not what happened.
on July 23,2013 | 08:58PM
hapaguy wrote:
PEOPLE! PEOPLE! All this arguing about whether or not Deedy was drunk is futile. The Prosecution does not need to prove he was drunk to get a Murder 2 conviction! All the Prosecution has to do is to prove beyond a reasonable doubt that Deedy was the assailant/aggressor (check), Deedy had malice aforethought (check), Deedy shot Elderts dead (check)......
on July 23,2013 | 11:20AM
pgkemp wrote:
deedy will get off, just watch...........
on July 23,2013 | 11:39AM
hanalei395 wrote:
Just watch .......Deedy off to OCCC or Halawa.
on July 23,2013 | 11:50AM
gobows wrote:
Either way....ARE WE GOING TO RIOT?
on July 23,2013 | 01:34PM
false wrote:
No, we won't riot but boy are we going to be pissed off at the mention of anything Federal with Conventions. APEC won't happen again or anything like it. The whole event was a farce. What was the return?
on July 23,2013 | 06:28PM
Mypualani wrote:
Lots of frustration and a young mans life.
on July 23,2013 | 06:50PM
Mypualani wrote:
Nahh I love my family and my job. No riots and no carrying a gun while consuming alcohol.
on July 23,2013 | 06:49PM
gobows wrote:
There must be some significance on the part of Elderts grabbing Deedy's gun or whatever he was doing. The jury is going to struggle with assigning some responsibility to Elderts. If Elderts doesnt grab the gun, I dont think Deedy would've fired the gun.
on July 23,2013 | 11:45AM
hanalei395 wrote:
Deedy told Elderts, "I'm gonna shoot you in the face".
on July 23,2013 | 11:54AM
gobows wrote:
here's the gray area.....he didnt shoot until Elderts tried to grab the gun and they struggled, falling to the ground, with Elderts ontop of Deedy. If Elderts dont grab the gun, nobody gets shot. IMO.
on July 23,2013 | 12:55PM
hanalei395 wrote:
Elderts HAD to grab the gun BEFORE he got shot in the face. And Deedy WAS going to shoot Elderts in the face. He said so.
on July 23,2013 | 01:39PM
false wrote:
And drunk enough to do it. He did it.
on July 23,2013 | 06:29PM
Mypualani wrote:
He fired the first and second missed shot before Elderts and he went to the ground, the witness ( marine) testified that it looked to him like Elderts was trying to stop him from shooting.
on July 23,2013 | 06:55PM
false wrote:
Elderts grabbed for the gun to fight for his own life. Wouldn't you?
on July 23,2013 | 06:28PM
Mypualani wrote:
Yes considering the guy who had the gun went after another person who was under the influence.
on July 23,2013 | 09:04PM
Mypualani wrote:
The gun was fired before Elderts made a grab for it. Watch the girls at the counter. You can see her jump and cover her ears even the alleged victim in this whole case is up and running for his life.
on July 23,2013 | 09:02PM
hanalei395 wrote:
hapaguy ...the jury is thinking the same way (check).
on July 23,2013 | 11:47AM
gobows wrote:
self defense....(check)
on July 23,2013 | 12:55PM
hanalei395 wrote:
Self defense in OCCC or Halawa (check).
on July 23,2013 | 01:41PM
Peacenik wrote:
Newsflash, newsflash. Gutkowski was tackled by someone, doesn't remember if by Medeiros or Eldert. Gutkowski is a resident of Waikiki, meaning like Perrine, he lives here. Gutkowski also badly injured as was Deedy.
on July 23,2013 | 12:28PM
NanakuliBoss wrote:
Treated and released is not badly injured as lying on a cold slab.
on July 23,2013 | 01:12PM
gobows wrote:
oUCH!
on July 23,2013 | 01:30PM
Peacenik wrote:
a blind punch to the temple, can be deadly, then tackled by another. This without padding and helmet on a concrete ground. Could've end being on a cold slab if Deedy didn't save him.
on July 23,2013 | 02:15PM
Mypualani wrote:
Is gutlowlski dead? Could have been even better if Deedy and friend just ate their mcnuggets and called the cops sine they sensed trouble.
on July 23,2013 | 06:59PM
Peacenik wrote:
Could've been better if Eldert didn't go out drinking and partake in ILLEGAL DANGEROUS drugs and ordered his hamburger and shut his trap and not use racial comments.
on July 23,2013 | 08:34PM
Mypualani wrote:
Because the h word was heard? Point taken, it's thought when people don't do what they ought to do yeah.
on July 24,2013 | 12:24PM
Mypualani wrote:
Meant to say tough
on July 24,2013 | 12:24PM
false wrote:
Hope you are right because it will be crazy stupid if Deedy gets off.
on July 23,2013 | 06:26PM
AieaJon wrote:
From what I understand, Hawaii is not a "Stand Your Ground" state. If you have a gun and are in a fist fight and you use the gun and kill the other guy, you are guilty of murder/manslaughter period. If you are losing the fist fight, you run, you do not use the gun. Plus, Deedy was not even close to fearing for his life. He could have screamed for people to get Elderts off of him. There we a lot of people present. Whether either party was intoxicated by alcohol or drugs is irrelevant. Deedy is guilty.
on July 23,2013 | 11:43AM
gobows wrote:
yes, so in Hawaii, if you can retreat, you have to. But what happens if the guy is ontop of you trying to get your gun? Are you allow to shoot?
on July 23,2013 | 12:53PM
NanakuliBoss wrote:
Gobo, before he was on you, you should have retreated.
on July 23,2013 | 01:13PM
gobows wrote:
I thought he was trying, but the counter was in the way. Then they both fell by that display thing, out of view of the camera. Elderts was moving forward. Deedy was moving backwards. At this point....I'm not sure how the jury will see it. If I was Deedy and on the ground with the guy ontop of me, I think I would've fired too.....omg!
on July 23,2013 | 01:33PM
Kailuaraised wrote:
I hope this is a troll post. I've heard some weird arguments regarding this case but this tops it. If a guy is on top of you then you should scream for someone to get him off? Seriously? Stand your ground doesn't apply when the person is on top of you. I still think Deedy will walk. His defense lawyer is the best money can buy. What we see in the paper isn't what the jury sees.
on July 23,2013 | 01:41PM
gobows wrote:
more testimony in the next article from today. Gutowski testified he was beaten up. Now Deedy thinking he's the next victim, has to defend himself, pulls his gun, gets knocked down, Elderts is ontop of him, kerrr Pow!.....
on July 23,2013 | 01:49PM
Mypualani wrote:
LOL
on July 23,2013 | 07:01PM
bakatade wrote:
Drinking and driving is as safe as drinking and carrying a gun. Both are weapons at the hands of an intoxicated person.
on July 23,2013 | 12:37PM
NanakuliBoss wrote:
Congrats to Will and Kate.
on July 23,2013 | 01:14PM
gobows wrote:
A King is Born!
on July 23,2013 | 01:47PM
false wrote:
Ok all you jurist go for it !
on July 23,2013 | 01:55PM
Kanakuia wrote:
Drinking in possession of a firearm is negligent use of a firearm, which makes this a minimum of manslaughter. Self defense or not.
on July 23,2013 | 02:12PM
cigaripo wrote:
Where's Gutowski's girlfriend or ex gf as the SA refer to "gf at the time". She was the one in the middle of everything...trying to get Deedy away from Elderts. She must 've heard all that happened at McD's and earlier in the evening... how much he drank and how the alcohol affected him. This Gutowski is a biased witness with selective memory, hopefully the gf will be more unbiased and tell it like it happened.
on July 23,2013 | 05:23PM
false wrote:
That gf proves that Deedy got out of his seat to go across the room into Elderts space. MYOB and stay in your seat.
on July 23,2013 | 06:38PM
Mypualani wrote:
.. She was one of the instigators in this whole thing, in the video you see her and gutless taking their places before Deedy gets up and Confronts Elderts and threatened to shoot his face. A witness testified that West and Guless made things worse when the witness was trying to calm things down. Then she does a three sixty and try's to stopp Deedy? But you can clearly see her and gutboy mobbing Medeiros then Elderts getting them off him and Elderts coming back to Deedy. All three of these baboons thought they were like the avengers or something. Then they found out they bit off more then they could chew. Mean while the alleged victim in all of this is sitting there feeling no pain and simply cruzing until you see him jump and run after the shots are fired.
on July 23,2013 | 07:10PM
Mypualani wrote:
Defense Laws §703-304 Use of force in self-protection. (1) Subject to the provisions of this section and of section 703-308, the use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by the other person on the present occasion. (2) The use of deadly force is justifiable under this section if the actor believes that deadly force is necessary to protect himself against death, serious bodily injury, kidnapping, rape, or forcible sodomy. (3) Except as otherwise provided in subsections (4) and (5) of this section, a person employing protective force may estimate the necessity thereof under the circumstances as he believes them to be when the force is used without retreating, surrendering possession, doing any other act which he has no legal duty to do, or abstaining from any lawful action. (4) The use of force is not justifiable under this section: (a) To resist an arrest which the actor knows is being made by a law enforcement officer, although the arrest is unlawful; or (b) To resist force used by the occupier or possessor of property or by another person on his behalf, where the actor knows that the person using the force is doing so under a claim of right to protect the property, except that this limitation shall not apply if: (i) The actor is a public officer acting in the performance of his duties or a person lawfully assisting him therein or a person making or assisting in a lawful arrest; or (ii) The actor believes that such force is necessary to protect himself against death or serious bodily injury. (5) The use of deadly force is not justifiable under this section if: (a) The actor, with the intent of causing death or serious bodily injury, provoked the use of force against himself in the same encounter; or (b) The actor knows that he can avoid the necessity of using such force with complete safety by retreating or by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand that he abstain from any action which he has no duty to take, except that: (i) The actor is not obliged to retreat from his dwelling or place of work, unless he was the initial aggressor or is assailed in his place of work by another person whose place of work the actor knows it to be; and This will be the instructions given to the jury this is Hawaii's laws on the books.
on July 23,2013 | 09:19PM
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