Deedy may have shown Elderts his badge before shooting

Published On: Aug 06 2014 01:47:33 AM HST   Updated On: Jul 22 2014 11:30:42 PM HST

Day seven of the retrial of State Department special Agent Christopher Deedy focused on former Honolulu police Detective Theodore Coons, one of the lead investigators in the shooting death of Kollin Elderts in November 2011.

Click here to watch Andrew Pereira's story.

Coons, now retired, told defense attorney Thomas Otake that Deedy appeared to flash his badge in Elderts' direction just moments before Deedy fired three shots inside a Waikiki McDonalds. Coons based his opinion on another report filed by his partner, Honolulu police Detective Peter Boyle, who reached the conclusion after watching surveillance video from inside the restaurant.

"That's what Detective Boyle wrote in the report," Coons responded under methodical questioning by Otake. "We both signed the report," he added.

Coons also testified he ordered an evidence specialist to file an extra report, even though technicians will typically only report hard evidence, not personal opinion. However, Coons ordered HPD evidence specialist Toy Stech to file the extra report anyway, which stated alcohol was noticeable on Deedy's breath after the early morning shooting.

"I told her to make notes about what she observed, and told command there were observations to observe that needed to be documented," said Coons.

Testimony also focused on why Coons failed to request blood splatter and bullet trajectory reports of the crime scene. Coons said two points of entry are needed to measure a stray bullet's trajectory, and none existed inside the McDonalds where the shooting took place. Still, Coons admitted there was a mark on a steel beam behind dry wall where one of two stray bullets ended up. Even so, the former detective felt no need to order a trajectory report that may have shown Deedy fired while laid out on the floor.

"In this situation we had one shooter, we had one gun and it was captured on video," said Coons. "That (trajectory report) was not necessary."

Deedy's defense maintains it was the third and final shot fired from the special agent's gun that killed Elderts, while the prosecution believes it was the second shot. Who jurors believe could be critical in determining whether Deedy was being attacked by Elderts, or if Deedy acted recklessly. 

Deedy, 30, is being retried for second-degree murder in Honolulu Circuit Court after his first trial last summer ended in a hung jury. Elderts was 23 years old at the time of his death.

Click here for for more in the current trial.

Click here for a recap of the previous trial.


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