A state judge has made public a request by federal agent Christopher Deedy to dismiss his murder charge in a fatal shooting at a McDonald’s restaurant in Waikiki last year.

But the judge kept private portions of the court document referring to events depicted on the surveillance videos of the shooting.

Circuit Judge Karen Ahn granted a prosecution request last week, sealing the restaurant’s videos, and said she will release the defense motion but redact the defense references to the content of the videos.

The judge is scheduled to hear the dismissal motion on July 13. At that time, she will make public the redacted portions of the defense motion, she said.

She may also decide at that time whether the videos are admissible as evidence and whether they can be made public.

Deedy, 28, a special agent with the Department of State, is charged with murder and a related firearm charge in the shooting of Kollin Elderts, 23, of Kailua, in the early morning of Nov. 5 at the McDonald’s Kuhio Avenue restaurant.

Deedy, a Virginia resident free on $250,000 bail, was here to provide security for the Asia-Pacific Economic Cooperation summit.

In the dismissal motion, Deedy’s attorney, Brook Hart, argued that Deedy’s charges should be dropped under the Constitution’s supremacy clause, which provides immunity from state prosecution for federal officers who "honestly and reasonably believed" they were performing their official duties.

Hart said federal law empowers a federal officer to act within the scope of his duties to protect a person from a "crime of violence."

Deedy acted, Hart said, in response to "attacks" on himself and a friend.

He said Elderts committed "federal felonies" against Deedy, who was justified in using "deadly force."

"Agent Deedy believed that the actions he took were reasonable under the circumstances as it appeared to him; he is therefore completely immune to criminal liability," Hart said.

But Hart’s version of the videos’ events that he cited to support his motion was redacted from the court papers, which were sprinkled with patches of white space.

The redaction and Ahn’s sealing of the video are highly unusual because the defense generally asks that evidence or documents be sealed to avoid pretrial publicity to protect defendants’ rights to a fair trial.

Deputy Prosecutor Janice Futa sought the sealing, arguing that Hart filed the dismissal motion and the video to taint potential jurors in favor of the defense in violation of the prosecution’s right to a fair trial.

Hart and the Honolulu Star-Advertiser, its television news partner Hawaii News Now and online news site Hawaii Reporter opposed the sealing.

Ahn, who noted she is a former television journalist, ruled that the release of the videos would essentially go viral on the Internet and provide powerful images that could jeopardize a fair trial for the prosecution, defense or both.

Hart filed the dismissal motion and exhibits that included the videos on May 14, which as court filings normally would have been public. But the filings were kept private because of the prosecution’s pending request and the judge’s ruling.

Ahn released the redacted dismissal motion on Tuesday.

Deedy’s trial is scheduled for September, but the defense wants a postponement until March.