Federal special agent Christopher Deedy shot and killed Kollin Elderts at a McDonald’s restaurant last year, but only after the Kailua man harassed a customer with racial slurs, assaulted Deedy and tried to grab the agent’s gun, Deedy’s defense attorney said in papers filed in federal court Tuesday.

A McDonald’s security officer told Elderts earlier that if he wanted to cause trouble, he should leave, and later tried to stop Elderts from moving toward the agent, Deedy’s lawyer Brook Hart said in detailing the defense of his client’s murder charge.

But Elderts continued to be belligerent even after Deedy identified himself as a law enforcement officer, Hart said.

When Deedy drew his gun, Elderts tried to take it away, the lawyer said.

Deedy was "compelled" to fire the fatal shot when Elderts on was top of him and punching him in the face, Hart said.

Hart’s outline of the defense, being made public for the first time, was part of his request he filed asking that the murder case against Deedy be transferred from state court to federal court.

Deedy, 28, a U.S. State Department special agent since 2009, who was here to provide security at the Asia-Pacific Economic Cooperation meetings, is charged with second-degree murder for shooting Elderts, 23, in the chest early in the morning of Nov. 5 at the McDonald’s Kuhio Avenue restaurant.

Hart’s transfer request said federal law enforcement officers facing state prosecution have a right under federal law to have their cases removed to federal court if the officers were acting within the scope of their authority.

He also said the state has shown "hostility" toward his client who is concerned about "the haste with which this matter was initially charged" by city prosecutors.

Deputy Prosecutor Janice Futa said she will oppose the transfer request.

Hart filed legal arguments and a declaration that he said are based on witnesses as well as the McDonald’s security surveillance video recordings.

The videos as well as Hart’s description in state court filings have been sealed at the request of city prosecutors by Circuit Judge Karen Ahn.

But Hart’s arguments and declaration were filed in federal court to support the transfer request and the contention Deedy was acting as a law enforcement officer.

Hart’s description of the events portrays his client and his client’s friends, Adam Gutowski and Jessica West, as going to McDonald’s after a night of socializing before encountering a belligerent Elderts and his friend Shane Medeiros.

According to the court papers filed by Hart:

Elderts and Medeiros started harassing another customer with "racial slurs," even though the customer, Michael Perrine, told them to leave him alone and essentially telling them he was "local."

The McDonald’s staff asked Elderts to leave Perrine alone and Deedy asked the customer if he was all right.

McDonald’s security officer Rosalinda Soriano also approached Elderts and Medeiros and told them, "If you make troubles, you can leave."

Deedy realized that Perrine might be in danger and "calmly" tried to prevent the two from attacking Perrine, but Elderts and Medeiros "directed their aggression" at Deedy.

The two were "unreasonable, combative and threatening," and Deedy believed the two were drunk or under the influence of drugs. Elderts’ blood alcohol was later determined to be 0.127 and he had metabolites of cocaine and marijuana in his system. (The threshold for drunken driving is 0.08.)

Elderts threatened Deedy, saying "Eh, f—— haole, you like beef?"

In an attempt to defuse the situation, Deedy identified himself as a law enforcement officer and showed his credentials and badge to Elderts and Medeiros, the court papers say.

Elderts became more irate and challenged Deedy, saying "Are you going to shoot me?" Elderts reached toward his waistband and said Deedy would have to shoot Elderts first or Elderts would "get" or "gut" him.

Security guard Soriano and another customer tried to stop Elderts from moving toward Deedy.

Elderts rushed Deedy, who kicked Elderts’ leg, a defense technique to ward off a sudden attack. But Elderts then hit Deedy’s friend Gutowski in the head and Elderts and Medeiros punched and kicked Gutowski.

Elderts then charged Deedy, hitting him in the face and knocking him backward. Elderts then continued to beat Gutowski, who was bleeding from his head and face.

Deedy drew his Glock firearm and ordered Elderts to freeze, but Elderts moved toward Deedy with his fist cocked to hit him a second time in the face and reached for the gun, the court papers say.

As Elderts tried to grab the gun, "shots were fired."

Elderts continued to push Deedy backward and onto the floor.

"While on the floor, Elderts was on top of Special Agent Deedy and punched him in the face with his right fist at the same moment he was trying with his left hand to take Special Agent Deedy’s gun from him.

"During the course of the attack on Special Agent Deedy and in response to an imminent threat of serious bodily injury or death to himself and others, Special Agent Deedy was compelled to discharge his gun, resulting in the death of Elderts."

Gunshot residue was later found on Elderts’ hand.

Medeiros left the restaurant and Deedy began administering aid to save Elderts’ life until paramedics took over. Police detained Deedy. Deedy told police he committed the shooting and where the gun was — in his holster.

Gutowski suffered a large cut on his scalp and bruises on his forehead and face. Deedy suffered a broken nose and trauma and scrapes on his face.

"Special Agent Deedy did not act for any reason other than to protect himself and others from the violent and felonious actions of Elderts and Medeiros," the court papers say.

Hart’s filings come on the eve of a hearing today before Ahn on a request by the Honolulu Star-Advertiser and its television news partner Hawaii News Now that she reconsider her May 31 decision sealing the McDonald’s surveillance videos and Hart’s description of the contents.

She ruled that release of the filings could taint potential jurors and jeopardize a fair trial.

It was unclear what effect Tuesday’s filings would have on today’s hearing. Hart’s filings contain a description of at least some of the videos’ contents under seal by the state judge.

But Hart, in his transfer request, said Ahn’s informal advice during status conferences encouraged Deedy to take the case to federal court.

City prosecutors who asked for the sealing filed papers Tuesday opposing the media’s request.

Hart who initially argued against the sealing also filed papers Tuesday saying he takes no position on the reconsideration request.