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Expert says victim shot while struggling on floor with Deedy

By Ken Kobayashi

LAST UPDATED: 1:14 a.m. HST, Aug 12, 2013

A defense expert testified this morning that Kollin Elderts’ fatal wound indicated he was shot as he and State Department special agent Christopher Deedy were struggling with each other on the floor of a McDonald’s restaurant in Waikiki.

Jonathan Arden, a forensic pathologist from Virginia, testified that the chest wound and the position of the gun when the two were on the floor were “consistent” with the fatal shot being fired at that time.

Arden’s testimony supports the defense version that Deedy’s third and final shot killed Elderts who was on top of the agent and punching him.

Deedy, 29, who was here for the Asia-Pacific Economic Conference, is on trial on a charge of murdering Elderts the early morning of Nov. 5, 2011 at the McDonald’s Kuhio Avenue restaurant.

Deedy is claiming he shot the 23-year-old Kailua man in self defense.

Police found two bullet holes in the restaurant walls. The third bullet was recovered from Elderts’ body.

During the prosecution’s case, retired police Detective Theodore Coons testified the second shot killed Elderts before he and Deedy ended up on the floor.

But Arden said the wound and positioning of the gun was inconsistent with the fatal shot being fired at that time.

Jessica West, Deedy’s friend, is expected to retake the witness stand later today for cross-examination by the prosecution.

Because of scheduling issues, Arden was allowed to testify out of turn in the defense case.

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