A customer returned to the witness stand this morning and testified that he heard State Department special agent Christopher Deedy threaten several times to shoot a 23-year-old Kailua man in the face before the 2011 fatal shooting at the McDonald’s Kuhio Avenue restaurant.

Alexander Byrd testified that Deedy appeared to be drunk and mumbled twice to Kollin Elderts, “I”m going to shoot you in the face.”

Byrd said Elderts punched Deedy and after the agent stood up, Deedy repeated two more times that he was going to shoot Elderts in the face.

Deedy drew his gun and shot at Elderts, but missed, Byrd said. Byrd said the agent and Elderts started grappling with each other, but Byrd said he did not see Elderts get shot. 

Byrd, a New Jersey resident who was a Kaneohe Marine at the time of the shooting, is the first witness at the scene to testify about seeing Deedy with the gun and firing a shot.

Deedy, 29, of Arlington, Va., was here to help provide security for the Asia-Pacific Economic Cooperation conference.

He is charged with murdering Elderts in the early morning shooting Nov. 5, 2011 at the fast-food restaurant in Waikiki.

The prosecution is alleging Deedy was fueled by alcohol and inexperience and shot the unarmed Elderts without justification. The defense contends Deedy fired to ward off a drunken Elderts who was attacking him and grabbing at his gun.

Deedy fired three shots. The defense maintains the first two missed and the third fatally wounded Elderts in the chest.