Agent's attorney says surveillance video supports Deedy's case
It was "First Friday," November 2011.
Toxicology reports reveal that Collin Elderts was not only drunk, but high on marijuana and cocaine, that he had been partying at a hotel room before going to McDonalds Waikiki at 2:30 that morning.
27-year-old Special Agent Christopher Deedy was there too, but his attorney said Elderts was belligerent, harassing another customer, so much so, a manager told Elderts and his friend: "No more troubles here. If you make troubles you can leave."
Attorney Brook Hart said video sealed by a judge supports that when the harassment escalated only then did Deedy confront Elderts to stop it and that Deedy identified himself as an agent.
The report claims Elderts and his friend also beat up Deedy's friend.
And at one point "appeared to reach for a weapon."
It goes on to read, after rushing Deedy, "Elderts was on top of (Deedy) punching him in the face and trying to take his gun."
That's when Deedy's attorney said the agent fired his weapon.
Deedy with a broken nose and cuts to his face, tried to revive Elderts, but could not.
Some witnesses reported Deedy appeared drunk too, slurring his words, and spotted at several bars.
But the report said another witness made no such claim, and said Deedy appeared calm during the altercation.
Deedy's attorney hopes to get the case dismissed under federal immunity protection.
He told KITV his client had identified himself as an agent, and was acting in self defense and in the defense of others.
A trial is set for April 2013.
Copyright 2012 by KITV All rights reserved. This material may not be published, broadcast, rewritten or redistributed.