Witness hears agent Deedy say "I'm gonna shoot you in the face"

Published On: Jul 16 2013 06:15:00 PM HST

The minute Alexander Byrd walked into McDonald's in Waikiki on Nov. 5, 2011; he knew he'd walked into a hornet's nest.

He said he didn't hear the first, potentially critical exchange between Special Agent Christopher Deedy and 23-year-old Kollin Elderts.

But he said saw that spark ignite -- with Deedy and friends, along with Elderts and his friend Shane Medeiros, swapping harsh words and insults.

"At this point, I just felt like I couldn't say anything else. They were arguing and I figured if they're going to fight they're going to fight," said Byrd.

He said he watched as Deedy's friend pushed Elderts, Elderts pushed back, Medeiros rushed Deedy's friend, then saw Elderts and Deedy engage again.

That's when he said he heard again, what he had already heard Deedy mumble more than once:

"This time it was real clear, and (Deedy) said I'm gonna shoot you in the face," he said, referring to what Deedy said to Elderts.

He said he was shocked when he saw Deedy reach for a gun on his waistband.

"Immediately as he drew it, he shot," he said.

He said the first one was a miss, that's when Elderts punched Deedy in the face.

Byrd said as Elderts and Deedy fell to the ground, he could see Elderts doing what he could to stop more shots from being fired.

"Deedy tried to break free of the grip, while Kollin tried to hold on to his arms," said Byrd.

But as the defense took their turn, they focused heavily on inconsistencies between Byrd's testimony and what he told police, such as differences in who Byrd says was starring down whom, how much Byrd might have had to drink, and whether he colluded with friends to create the same story.

On Tuesday, Byrd said his memory was clear and his story was straight, over the peacemaking attempt that came too late.

"Throughout this whole thing I said, 'it's not worth it. Stop it. Let it go. That's what I did basically throughout this whole thing," he said.


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