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Federal agent says attack on his friend and to him made him use 'deadly force'

By Lara Yamada
Published On: Aug 07 2013 08:05:38 PM HST
Updated On: Aug 07 2013 08:34:59 PM HST

Special Agent Christopher Deedy said his training taught him to drink responsibly: no more than one drink per hour, he told jurors.

HONOLULU -

"I didn't see him come at me, but he hit me hard and fast. The best way I can describe it is as a spear tackle," said Deedy in circuit court, taking the stand for the second day.

"I stood up, I put both arms in front of me, palms forward, and I said 'stop I'll shoot,'" he said.

Deedy said Elderts moved forward again, this time, reaching for his gun.
That's when he fired the first shot -- holding the gun close to his body, pointing upward, he says, to avoid hitting anyone else.

That's when he says Elderts rushed him again, taking him down, straddling him, grabbing his wrist, reaching for his gun.

"He was delivering the blows, he would come back and down back and down," said Deedy, making punching motions, as he stood in the middle of the courtroom.

"I had two concerns at that point: not letting those blows drive my skull into the ground, and two, try to take a shot that would stop the threat," said Deedy.

"After shots fired what did Elderts do?" asked defense attorney Brook Hart.

"Stop," he said. "Instead of delivering punch he just came down on top me."

A bystander's cell phone caught the aftermath showing Deedy hovering over Elderts.

Deedy said he could feel Elderts' breath, then began cutting off his shirt, trying to stop the bleeding, doing CPR and talking to him.

"I was saying breathe, breathe, stay with me, things like that," he said.

After officers realized Deedy was the shooter, he was frisked and handcuffed.

On the way to the hospital he recalled hearing officers on their radios saying their shooter had now been arrested for murder.

"I don't know how to describe how I felt at that moment. It was like a ton of bricks hitting me in the chest," said Deedy.

PART 2:

"I stood up, I put both arms in front of me, palms forward, and I said 'stop I'll shoot,'" said Deedy.

Moments later he did. It was the first shot of three.

Special Agent Christopher Deedy told jurors it took seeing Kollin Elderts and his friend Shane Medeiros beat his friend, before he pulled his gun and fire the first shot.

Then he said to have Elderts tackle him, take him down, and repeatedly trying to grab his gun, was more than he said he needed to shoot to kill.

"He was delivering the blows, he would come back and down back and down," he said, making punching motions, as he stood in the middle of the courtroom.

"After shots fired what did Elderts do?" asked defense attorney Brook Hart.

"Stop," he said. "Instead of delivering punch he just came down on top me."

"You were not trying to give warning shots," asked deputy prosecutor Janice Futa.

"No ma'am I wasn't," said Deedy.

But when Futa got her chance to question the federal agent, she refocused on Deedy's judgment, and the fact that, even he admitted, he'd been drinking that night.

"While armed, you are specifically prohibited from drinking alcohol. Correct," she asked him.

"That's correct," said Deedy.

Before the day wrapped up, prosecutors brought it back to the initial sparks: Elderts and Medeiros yelling and swearing at another customer, and whether that was worth Deedy getting involved in the first place.

"At this point in time, you could have walked out with Jessica West and not put anyone in danger right?" she asked.

"I thought there was still a threat to (customer) Mr. Perrine," said Deedy.

At the end of the day, lawyers argued over whether they can introduce when Elderts was convicted two years ago in relation to disorderly conduct.

The defense hopes it will add to their case that it was Elderts' aggressive behavior that escalated the fight.
 

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