The fate of federal agent Christopher Deedy once again rests with the jury. Closing arguments in his re-trial lasted six hours Tuesday.
Deedy is charged with the shooting death of Kollin Elderts in a Waikiki McDonald’s in November 2011.
The defense claims the off-duty federal agent fired his gun in self-defense, while the prosecuting attorney says it was an over-reaction.
“At the time the defendant drew his gun, was he reasonable in his belief that deadly force was immediately necessary to protect himself or Adam Gutowski against death or serious bodily injury? The answer has to be no,” said prosecuting attorney Janice Futa.
“There is massive amounts of reasonable doubt,” said Deedy’s attorney Thomas Otake. “Self defense applies, defense of others applies, use of force in law enforcement applies, and all it takes is a reasonable doubt in any of those. This was not murder. This was not reckless manslaughter or anything else.”
The jury will resume deliberations Wednesday.
New rulings by Judge Karen Ahn mean instead of second-degree murder, jurors now have the option to convict Deedy of reckless manslaughter, extreme mental and emotional distress manslaughter, first- or second-degree assault.
Second-degree murder could lead to a life sentence with possibility of parole and a manslaughter conviction would carry a maximum penalty of 20 years in prison.
First-degree assault is a Class B felony that carries a maximum 10-year sentence and second-degree assault is a Class C felony with a maximum five-year sentence.