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Detective assumed police would test Deedy's blood-alcohol level

By Ken Kobayashi

LAST UPDATED: 05:34 p.m. HST, Jul 31, 2013

A retired police detective testified this morning that he assumed that police would give State Department special agent Christopher Deedy a breath test for alcohol when he was processed at the police station following the 2011 fatal shooting at a McDonald's Waikiki restaurant.

But Theodore Coons said no one from the police station notified him that Deedy had refused to take the test.

Coons, who was at the shooting scene and interviewing witnesses, said he didn't call to find out the results of the test. It wasn't until he returned to the police station nine hours after the 2:45 a.m. shooting that he learned that Deedy did not take the test.

He said it would have taken another three to five hours to process a written search warrant signed by a judge to test Deedy to measure his blood alcohol. By that time, 14 hours after the shooting, the results of the test would not be reliable, he said.

Coons said in his 20 years with the department, he has never been involved in obtaining a search warrant though telephone calls with the prosecutor's office and the court. He said there may be a law that authorizes obtaining warrants through telephonically, but testified he doesn't believe a process has been set up between the courts and prosecutors to use that law.

Deedy, 29, who was here to provide security for the Asia-Pacific Economic Conference summit, is charged with murdering Kollin Elderts, 23, of Kailua, early Nov. 5, 2011 at the McDonald's Kuhio Avenue restaurant.

Deedy's defense acknowledges the agent drank beer, but contends he wasn't drunk and shot Elderts in self defense.

The degree to which alcohol affected Deedy has been a key issue with police and McDonald's customers testifying Deedy was drunk or appeared to be drunk. But a emergency room doctor testified Deedy did not appear to be intoxicated.

Coons, one of the two primary detectives investigating the shooting, reaffirmed under cross-examination by Deedy's attorney Brook Hart that the second of three shots fired by the agent was the one that fatally wounded Elderts, who was unarmed.

The defense maintains the fatal shot was the third fired by Deedy when Elderts was on top of him on the floor and punching him.

Coons' testified he didn't recall whether he included in his closing police report that the second shot hit Elderts. The report was filed in February 2012 and did not specify the second shot was the fatal one.  

Police said the two other shots created bullet holes in the restaurant walls. The third bullet was recovered from Elderts' body.

Coons was the last witness for the prosecution, which is resting its case today. The defense is scheduled to open its case this afternoon.

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Kailuaraised wrote:
"Coons said in his 20 years with the department, he has never been involved in obtaining a search warrant though telephone calls with the prosecutor's office and the court. He said there may be a law that authorizes obtaining warrants through telephonically, but testified he doesn't believe a process has been set up between the courts and prosecutors to use that law" I find this statement very hard to believe.
on July 31,2013 | 01:38PM
hapaguy wrote:
Yeah, once again in your world all the HPD officer and HPD personnel are liars.....we know already. I will tell you what. From now on all of us will just assume that any testimony given from a witness that is harmful to your belief that Deedy is innocent, we will just assume that you will comment that they are liars. That way you won't have to post it ok?
on July 31,2013 | 02:31PM
Anonymous wrote:
what law enforcement individual submits to a breathalyzer test?
on July 31,2013 | 03:32PM
residenttaxpayer wrote:
Especially one who is a murder suspect......
on July 31,2013 | 07:17PM
allie wrote:
The investigation was a mess clearly. No surprise in that
on July 31,2013 | 01:40PM
Allie, you're last statement was lacking the correct grammer. You should have stated, "The investigation was clearly a mess.". Anyway, you should stay away from the TV shows such as CSI so as not to get confused with reality and fiction.
on July 31,2013 | 02:10PM
Anonymous wrote:
your vs you're
on July 31,2013 | 03:38PM
Mei mei wrote:
that was comical !
on July 31,2013 | 04:38PM
RetiredWorking wrote:
and grammar, not grammer. Ahem, GONEGOLFIN, you have to exhibit perfect English if you intend to "school" anyone. If not, the pot and the kettle are black.
on July 31,2013 | 05:57PM
Anonymous wrote:
oops missed that one haha
on July 31,2013 | 06:25PM
aomohoa wrote:
LOL Allie must be workin tonight.
on July 31,2013 | 08:55PM
2NDC wrote:
Corner of Kukui & Nuuanu. Go check her out there. I hear that her street name is "Cookie".
on July 31,2013 | 11:35PM
sailfish1 wrote:
All this correcting spelling and grammar is grade school stuff. If you're trying to prove to someone that you are smart, you fail.
on July 31,2013 | 06:17PM
aomohoa wrote:
Proof read when you correct alie. You going to get it back. LOL I don't proof read and allie loves correcting me and ignoris the content of what I have to say.
on July 31,2013 | 08:53PM
livinginhawaii wrote:
I can't believe we have a detective on the force who simply assumes and does not follow through. Maybe that was not his job but someone was indeed in charge and clearly dropped the ball here. Its not rocket science to wake up a judge and request a warrant. A drug and alcohol test should be mandatory anytime a weapon is discharged, simple as that. I can't help but feel that there are some cops involved trying to cover their incompetence.
on July 31,2013 | 01:43PM
mokebla wrote:
Bravo, the most intelligent post yet. Like and employee behind the wheel that causes an accident on the job gets a blood test. f you have a Cancel Weapons Permit and and a life is taken a blood test should be taken.
on July 31,2013 | 07:33PM
HAJAA1 wrote:
Of course the emergency room doctor said that......with all that adrenaline from an incident like that he was sobered up big time. But regardless, Elderts and his punk friend was still the instigator no matter what how when who why. Typical locals acting up when they should be home in bed. Typical town madness.
on July 31,2013 | 01:52PM
Waimanalodayz1 wrote:
This comment has been deleted.
on July 31,2013 | 02:00PM
RetiredWorking wrote:
Waimanalo, it's useless to critique HAJAA1. He NEVER responds. He's a one-liner type of guy, and never admits where he's from. Sad.
on July 31,2013 | 05:59PM
HAJAA1 wrote:
Yet you still feel the urge to chime in to my intelligent posts. LOL. Can't help yourself I know.
on August 1,2013 | 12:56AM
Kailuaraised wrote:
The only thing that can sober you up is time.
on July 31,2013 | 02:07PM
RetiredWorking wrote:
Yes, KailuaR, and Deedy KNEW he could buy time by refusing a breath test. He KNEW it'd take time to obtain a warrant. He KNEW he'd more than likely test under .08 by then. Shrewd, but dishonest.
on July 31,2013 | 06:01PM
aomohoa wrote:
Wow, you sound like allie. Is that you allie?
on July 31,2013 | 08:58PM
Morimoto wrote:
It's starting to look like the police investigation messed up in not obtaining a blood alcohol reading from Deedy. Wish they would just fess up to their incompetence.
on July 31,2013 | 02:07PM
pgkemp wrote:
what's the old saying.........never assume which read backwards is....................
on July 31,2013 | 02:09PM
dlum003 wrote:
on July 31,2013 | 02:11PM
RetiredWorking wrote:
dlum, lol. pgkemp fumbled it.
on July 31,2013 | 06:03PM
Bully wrote:
Deedy was smart to refuse the breath test knowing that he could not be forced to do it. Now there is no hard evidence to prove that he was drunk. The homicide detectives should have been on it but I guess HPD messed up like usual. Nothing new. Deedy should still be convicted.
on July 31,2013 | 02:10PM
Mythman wrote:
Should a state court find him guilty of something instead of acquitting him on whatever lawful basis, doesn't he reserve taking his action to remove it to federal court higher up the legal ladder even though it stalled at the 9th in SFO?
on July 31,2013 | 02:25PM
Rickyboy wrote:
Incompetence. Glad he retired.
on July 31,2013 | 02:22PM
pueouhane wrote:
Assumption is the mother of all screw ups.
on July 31,2013 | 02:24PM
hapaguy wrote:
OK. We all know that law enforcement protect each other right? It has been commented on here many times before by others Kalaheo, NanakuliBoss, etc.. Kalaheo said it best today: " I suspect that officers on the scene initially tried to help Deedy with what I guess he described as a "righteous shoot." It was only after detectives interviewed witnesses and looked at the video tape that they realize that Deedy had instigated the whole mess himself. By that time, it was too late to get a warrant and a valid blood test." This statement makes perfect sense!
on July 31,2013 | 02:40PM
8082062424 wrote:
Im no fan of HPd but it might be they never have had to deal with a agent shooting some one in hawaii
on July 31,2013 | 03:35PM
NanakuliBoss wrote:
Yes hapa. The cops screwed up. APEC gearing up, hundreds of extra Feds in town. HPD on high alert, parts of Waikiki secured for dignitaries. So when a federal officers present his badge,I D, after a shooting they assume he was in the right. After the witness statement, then finally securing and review the video, OMG, those witnesses were right! Nothing can change the video. It's enough to convict. Over 2 minutes of posturing, gesturing, being restrained, and Deedy did not even talk to the victim Perrine who was a mere 3 ft.away. Not once.
on July 31,2013 | 04:36PM
hapaguy wrote:
NB I agree wholeheartedly. I am sure HPD regrets their actions (or inactions) that night.....
on July 31,2013 | 07:07PM
Peacenik wrote:
more beating up on a dead horse by the E&M's. Deedy acknowledge he had some beers, his friends said he had some beers. Do you think detectives go there just for that. They have to secure the crime scene. Find all pertinent witnesses, including those may have ran away due to fear, interview Deedy, his friends, security guards, workers, Medeiros, etc obtain fingerprints, note bullet holes, examine tapes, etc. etc. You folks are all Monday morning quarterbacking and now claiming conspiracy by the police. Then you have MMA commentators of who would've wup who's arse. Declare a mistrial and save the state the money or go after Medeiros family assets and give to the elderts.
on July 31,2013 | 05:53PM
hapaguy wrote:
"Go after the Medeiros family assets and give it to the Elderts"? That statement makes no sense what so ever. Medeiros didn't shoot Elderts. Deedy did!
on July 31,2013 | 07:09PM
Peacenik wrote:
Make lots of sense. Medeiros by unecessarily harassing Perrine, after Eldert's unwanted pestering of Perrine at the counter definitely started this mess. Perrine sat down minding his own business did not warrant Medeiros further escalating the tension with his swearing and big body move towards Perrine. Okay, i'll take that back, Eldert family deserve zilch, zero, nada for nobody. hopefully if they have other children, they raise them to be law-abiding and productive members of the state. Their suit is wasting our precious tax money.
on July 31,2013 | 09:39PM
hapaguy wrote:
Peacenik are you also Kailuaraised? Because your convoluted logic/reasoning is astonishingly incorrect just like Kailuaraised's is.....
on July 31,2013 | 10:11PM
Kailuaraised wrote:
Seemed pretty spot on. If E/M kept their mouths shut none of this would have happened.
on August 1,2013 | 01:40AM
hanalei395 wrote:
"Go after Medeiros family assets .................". A WEIRD and a desperate statement. ... Peacenik already knows that Deedy is doomed and will be on his way to OCCC or Halawa.
on July 31,2013 | 07:30PM
leiann wrote:
never assume anything..old military teaching...
on July 31,2013 | 03:40PM
xxNOTxx wrote:
It just sickens me how Deedy, supposedly a trained federal agent, acted the way he did that night---acting all tough "ONLY" because he had a badge & gun. I doubt that Deedy would have acted that way if he didn't have his gun, cause by looking at the video Deedy couldn't physically fight his way out of a paper bag. Deedy should have never; 1) terrorized Elderts verbally by asking him if he wanted to get shot in the face 2) initiated the 1st physical contact by kicking Elderts, 3) then actually shooting Elderts. To top it off, Deedy is claiming self defense, which in ludicrous. I pray that our justice system puts Deedy away for a long long time.
on July 31,2013 | 04:36PM
localguy wrote:
Deedy was well aware he was legally drunk, the test would prove it. So he decided he would try to hide his being under the influence. Sad to see Deedy is nothing but an overpaid Rent A Cop / Legend in his own mind. Not a problem. Soon he will have a new health and retirement plan and lots of new friends. Be afraid of prison Deedy, be very afraid.
on July 31,2013 | 05:21PM
RetiredWorking wrote:
local, I bet he and his supporters and loved ones are VERY VERY afraid.
on July 31,2013 | 06:05PM
Adam1105 wrote:
Is the law different for intoxicated shooters and non-intoxicated shooters? Seriously want to know.
on July 31,2013 | 08:52PM
2NDC wrote:
Deedy is gonna walk. Very weak case presented by the prosecution. Lots of reasonable doubt. I'm sure a lot more reasonable doubt will be created when the defense presents their case.
on July 31,2013 | 11:37PM
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