Prosecutors: Deedy could have walked away from the confrontation

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There were heated exchanges Thursday in the murder trial of special agent Christopher Deedy, who was under cross-examination by prosecutors.

They were attempting to poke holes in his account of the night Kollin Elderts was shot and killed.

Prosecutors wanted to make a point that Deedy could have walked away from the confrontation before it escalated.

There was a question of whether a crime had been committed when Deedy confronted Elderts.

“What crime was committed at McDonald’s that you saw?” defense attorney Brook Hart asked.

“Felony assault on a federal officer,” Deedy said.

That was the point the defense was trying to make — that Elderts assaulted Deedy first both verbally and by physically approaching him.

“His first physical assault was when he attacked me and I responded with a defensive kick,” Deedy said.

But prosecutors say it was Deedy’s kick that started the physical confrontation and argued that he could have walked away from it all before the fight ever started. Elderts was not armed.

“I did not see a weapon in his hand,” Deedy said.

“Did you see a weapon on either hand?” asked deputy prosecutor Janice Futa.

“No ma’am,” Deedy said.

Deputy prosecutor Futa also discredited Deedy’s argument that his friend’s life was in danger, which caused Deedy to use deadly force. She pointed out that other witnesses never even saw Adam Gutowski being attacked.

“Mr. Gutowski did not receive serious injury from the assault that you described,” Futa said.

“My actions prevented him from serious injury or death,” Deedy said.

Prosecutors also questioned whether Deedy actually showed his credentials and if he identified himself as a law enforcement agent.

“But nobody heard you say anything about being a police officer, correct?” Futa said.

“I believe that Mr. Elderts and Mr. Medeiros heard that,” Deedy said.

The defense brought in one more witness before resting its case, a retired Honolulu Police Department lieutenant. He testified that Elderts was arrested and convicted for disorderly conduct outside a bar in 2008.

“Elderts continued to challenge others to fight?” defense attorney Karl Blanke asked.

“Yes,” retired HPD lieutenant Wayne Fernandez said.

“When arrested, Elderts struggled?” Blanke asked.

“Yes,” Fernandez said.

The defense presented that because it wanted to show that Elderts can be aggressive and violent.

There will be arguments on jury instructions next week Thursday. Closing arguments will likely be the following week.

Stay with KHON2 for the latest details on the trial.

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