In response to the shooting death of Kailua resident Kollin Elderts by an off-duty federal agent following a night of drinking, a group of legislators in the House has introduced a bill that would prohibit state and county officers from drinking while in possession of a firearm.
Even so, state Reps. Kaniela Ing, Chris Lee and Matthew LoPresti acknowledged Friday that House Bill 1129 would have had no bearing on the November 2011 shooting of Elderts by U.S. State Department special agent Christopher Deedy inside a Waikiki McDonald’s restaurant on Kuhio Avenue.
"Nothing the state can do will trump federal laws," said Ing (D, South Maui).
The bill would make it illegal for state and county law enforcement officers to consume "any amount of alcohol while in the possession on their person or control of any firearm or ammunition."
Kalama Niheu, coordinator with the Justice for Kollin Elderts Coalition, said Elderts’ family hopes the bill "sheds a light on the culture of law enforcement. It’s almost impossible for law enforcement to be prosecuted for any crime that any normal person would be charged with."
Deedy, of Arlington, Va., was in Honolulu to help provide security for the Asia-Pacific Economic Cooperation conference. He and two friends went to bars in Chinatown and Waikiki before ending up at McDonald’s.
Prosecutors contended that Deedy — who was 27 years old at the time — was driven by alcohol and inexperience when he shot Elderts, 23. Elderts was unarmed.
Deedy’s attorneys maintained that the agent drank some beer but was not drunk and that he fired to defend himself from a drunken Elderts, who had attacked him.
Deedy has stood trial twice for killing Elderts. A third trial in Circuit Court could be held in September.
Outside the state Capitol on Friday, Niheu stood with the representatives and read a statement from Elderts’ family that said, in part, "While this law won’t affect federal agents, we’re hoping that it will save another person’s life in the future."
