U.S. State Department Special Agent Christopher Deedy demonstrated for state jurors in his murder retrial Tuesday how he showed Kollin Elderts his badge and also pointed out to them where on the McDonald’s restaurant security video he did that.
Deedy, 30, is on trial for murder a second time for fatally shooting Elderts because the first one last year ended with a hung jury. He claims he shot Elderts, 23, in the Kuhio Avenue restaurant Nov. 5, 2011, in self-defense.
The prosecutor says Deedy was drunk and did not identify himself as a law enforcement officer.
A single frame of the security video shows Deedy extending his arms in front of a seated Elderts but does not clearly show what is in his hands.
Deedy says it was his badge.
The video also shows Elderts’ friend Shane Medeiros standing next to Deedy and apparently looking down at Deedy’s hands.
Jessica West testified that she was standing on Deedy’s other side when she saw Deedy reach into his back pocket and "pulled something out that looked to be, to me, like a wallet or something of that sort and then presented it face forward to the man sitting at the table."
West, who went to McDonald’s with her boyfriend Adam Gutowski and Deedy, said she didn’t know what Deedy showed Elderts and didn’t know that Deedy, her boyfriend’s college roommate, was a federal law enforcement officer.
She said she also didn’t hear what Deedy said, but whatever it was, it appeared to anger Elderts.
"He had a scowl on his face. Shortly thereafter he got up and puffed out his chest and aggressed toward Chris," West said.
Deedy said he showed his badge and identified himself as a law enforcement officer after Elderts told him, "F—–g haole, you like beef, too?" When he responded to Elderts, "Nobody wants to fight you," he said Elderts shot back, "I’ll f— you up."
He said he told Elderts that he is a cop and that if he assaulted anyone, he would be arrested. Instead of calming down, he said Elderts "flipped a switch" and became irate, as though he was on a stimulant. He said Elderts told him, "You won’t arrest me. You got a gun? You going to shoot me?"
Deedy said he was "normal, sober" when he went to McDonald’s, having consumed just 31⁄2 beers over the previous six hours. He said when he carries his gun while off duty, he limits himself to one alcoholic drink per hour up to a total of four drinks. He said federal law allows law enforcement officers to drink alcohol off duty while carrying their weapon as long as they don’t become intoxicated.
He said he approached Elderts in the restaurant because Elderts and Medeiros appeared to be picking on another customer and that situation was escalating. He said he is trained to intervene in violent and potentially violent situations and that his supervisor encourages him and his fellow agents to do so even when they are off duty.
Deedy said he went up to Elderts’ table and asked Elderts in a calm, stern voice, "What’s going on?"
Just then he said he heard Medeiros yell at the other customer, Michel Perrine, "Why you still looking at us, you got a f—–g problem?"
He said Perrine looked scared and looked away from Medeiros. When he asked Perrine if he was all right, he said Medeiros responded, "This guy is staring at us. It’s not all right."
Deedy said that’s when Elderts called him a haole and asked him if he wanted a fight. The trial ended for the day before Deedy could testify about the shooting. The trial and Deedy’s testimony continue Wednesday.
