Train of witnesses shifts federal agent murder trial into high-gear

Published On: Aug 05 2013 07:44:00 PM HST

The defense team for special agent Christopher Deedy wasted no time diving right back into the testimony of the sole security guard at McDonalds that morning who said the minute Kollin Elderts walked in the door she noticed him.

"He was louder than other customers," said McDonald's security guard Rosalinda Soriano, who said what Kollin Elderts' friend Shane Medeiros characterized as "joking," to her, came off as aggressive harassment.

"Continuously. (He was) not joking. He was bullying and irritating (customer) Michel Perrine," she said.

It was a stark contrast to how she said Deedy was acting at the time.

"Mr. Deedy was talking to Mr. Edlerts like a concerned guy that wants to control Mr. Elderts' behavior," she said.

She watched what she called the "rumble" unfold, as she saw Deedy fall back and bang his head on the hand sanitizer, then after shots were fired, she watched as Deedy performed CPR on Elderts.

But she was unclear who got physical first.

"You did not see who started it, correct?" asked deputy prosecutor Janice Futa.

"Correct," said Soriano.

Retired Honolulu PD trainer Fabian Loo testified he trains officers to carry weapons 24-7, to use minimum force, and reasonably, but that it's ultimately up to the officer to decide how to react.

He added that officers can use deadly force, even if it's someone else's life in immediate danger.

"It's going to be their own individual skills, what they deem as reasonable at the incident, because nobody else was there, if they have backup and what behavior is in front of them. That's the key," said Loo.

Then there was customer Joey Keane, who was seen several times in surveillance video in a pink shirt.

Admittedly drunk, he said he was surprised when police refused his statement and entry back in to McDonald's to wash the blood off his hands.

But he said it was the shooting itself that angered him the most.

"I guess didn't see why someone had to die," said Keane.

The Queens Medical Center nurse Margaret Nakamura testified a groggy Adam Gutowski admitted he'd been drinking, while she said a seemingly sober Deedy told her he had not.

"He walked in with a steady gate, not off balance at all," said Nakamura.

"What was his overall demeanor?" asked defense attorney Karl Blanke.

"Quiet and cooperative," she said.


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