The family of a Kailua man shot to death in a Waikiki fast-food restaurant filed a lawsuit Thursday against a State Department special agent charged with murder in the case.

Kendall and Jenell Elderts, father and stepmother of shooting victim Kollin K. Elderts, are seeking actual, punitive and other damages from Christopher W. Deedy, 27, a special agent with the State Department’s Bureau of Diplomatic Security.

The lawsuit does not specify the amount they are asking.

Kollin Elderts, 23, died of a single gunshot to his chest inflicted during an argument Nov. 5 at 2:44 a.m. in the McDonald’s restaurant at 2237 Kuhio Ave.

An Oahu grand jury indicted Deedy on Wednesday on charges of second-degree murder and using a firearm to commit the murder in connection with Elderts’ death.

Deedy was released Nov. 7 after posting $250,000 bail. He appeared in District Court Thursday and is scheduled to appear for an arraignment Monday morning in Circuit Court.

Deedy, of Arlington, Va., was in Honolulu to help provide security for the Asia-Pacific Economic Cooperation meetings that included President Barack Obama.

The lawsuit, filed by Elderts family attorney Michael Green, contends that Deedy "initiated violence against Kollin Elderts by kicking Kollin Elderts in the chest with a martial arts maneuver, knocking Kollin Elderts to the ground.

"As the parties wrestled, Christopher Deedy used excessive and undue force by pulling a pistol and shooting Kollin Elderts, causing him to bleed to death at the scene."

The lawsuit claims Deedy was negligent, "including by going drinking while armed with a loaded pistol."

Police would not comment on whether an alcohol test was administered to Deedy, but a police source said Deedy declined to take one. Elderts had a blood-alcohol level of 0.12 percent, above the threshold for drunken driving, the Medical Examiner’s Office said.

Defense lawyer Brook Hart said Deedy "believes he acted appropriately in order to protect others as well as himself."

During the brief hearing Thursday, District Judge Dean Ochiai agreed to turn over the case to Circuit Court, which with the indictment Wednesday has jurisdiction in the case.

"The reason this started was because Mr. Elderts was harassing and bullying others," Hart said in an interview before the hearing.

He didn’t provide details, but said Deedy was protecting himself and others from a man "who aggressed on him."

"This isn’t a matter of a man who took out a gun and started shooting in a McDonald’s," Hart said. "It’s not a willy-nilly misuse of a firearm."

Deedy turned himself in to the state Sheriff Division on Wednesday after learning of the indictment, Hart said. He was later released.

Deedy and his wife of eight months, Stephanie, sat in the second row of the courtroom with his bail bondsman during the hearing. He did not speak in court or talk to reporters afterward.

Several protesters, holding signs saying "Justice for Kollin Elderts," were in court and followed Deedy as he left.

At one point Deedy, his wife, Hart, his bondsman, reporters, a television cameraman, five protesters and others crowded into one of four elevators to take the short ride to the exit to Alakea Street. No one spoke.

If convicted on the charge of second-degree murder, Deedy faces a maximum sentence of life in prison with the possibility of parole.

In an interview later Thursday, Hart said a knife recovered at the scene was used by Deedy to cut off Elderts’ clothing so he could administer first aid after the shooting.

"Agent Deedy saw the need to try to do something to help Elderts and used his pocketknife to cut off his clothing to give first aid, but the knife had nothing to do with the incident beyond that," he said.

Hart said he believes the knife was Deedy’s, but said he is not sure.

Star-Advertiser reporter Gordon Y.K. Pang and The Associated Press contributed to this story.

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