Nearly one year after a mistrial, federal agent Christopher Deedy, 30, returned to court.
On Thursday, opening statements were delivered with the prosecution up first. Prosecuting attorney Janice Futa said Deedy had met up with some friends on the night of November 4, 2011.
After bar hopping in Chinatown and Waikiki, Deedy and his friends ended up at McDonald’s on Kuhio Ave. So did 23-year-old Kollin Elderts, who was also winding down after a night out with friends.
Deedy and Elderts eventually crossed paths and what started as an argument turned physical.
“Instead of leaving with his friends, the defendant threatens Kollin and he says, ‘Acting like that is gonna get you shot,’” Futa told the jury.
The prosecution says Deedy fired three shots, but only one of them hit Elderts, and that Deedy intentionally shot and killed Elderts.
Deedy’s attorney is painting a different picture.
“He did what he had to do. The evidence will show you he did what he was trained to do, and the evidence will show it was an act of self-defense, defense of others, and use of force by a law enforcement officer and it was not murder,” said defense attorney Thomas Otake.
Otake said that evidence will be shown in the surveillance video captured at McDonald’s.
“He backed away, reached into his back pocket where his holster was, pulled his gun and shot as he was trained to do, and he got down and tried to save the guy’s life because he didn’t want him to die,” Otake said.
Deedy’s first trial ended last July when, after six days of deliberations, the jury said it was deadlocked and the judge declared a mistrial.
This will be an all-or-nothing trial. The judge will not allow the jury to consider a lesser crime, like manslaughter.
The same decision drew criticism during the first trial, but Futa said then there was no evidence to support the manslaughter verdict.
The trial resumes Friday at 9 a.m.
Prosecutors show surveillance video in Deedy murder trial - July 11, 2013