A U.S. State Department security agent confronted another patron at a McDonald’s restaurant in Waikiki moments before firing a fatal shot with his service pistol, newly filed court documents show.
The witness statements given to Honolulu police Detective Theodore Coons are part of the transcript of a Nov. 16 grand jury proceeding that resulted in indictment of Christopher Deedy on murder and firearm charges.
Deedy’s lawyer, Brook Hart, publicly filed a portion of the transcript Tuesday as part of motions before Circuit Judge Karen Ahn.
The transcript shows that Deedy and his friend Adam Gutowski had a confrontation with Kollin Elderts, 23, of Kailua, in the restaurant Nov. 5.
As the confrontation escalated, Deedy told Elderts, "You’re gonna get shot. Something like this can get you shot," according to the transcript of Coons’ testimony to the grand jury.
Deedy, who has been charged with second-degree murder, was in Honolulu to provide security for the Asia-Pacific Economic Cooperation conference, which drew world leaders here.
As part of his investigation, Coons interviewed Shane Medeiros, a friend of Elderts’ who was with him at the restaurant.
Coons says Medeiros told him that he and Elderts were ordering their food and joking around with the restaurant cashiers when Elderts made a comment to Gutowski, who was offended.
Medeiros told Coons that later, while Elderts was sitting down at a table, Deedy and Gutowski approached Elderts and had a discussion with him that turned into an argument and then a fight between Deedy and Elderts.
When Deedy told Elderts, "You’re gonna get shot," Elderts responded, "What, you’re gonna shoot me?"
Deedy then said, "Yeah, you’re gonna get shot," according the transcript.
Medeiros recalled that "Kollin stood up, and Deedy gave a thrust kick to Kollin."
The transcript also includes testimony from another HPD detective identifying Deedy, Elderts, Gutowski and Medeiros in the restaurant surveillance video and other witnesses, including restaurant employees and patrons.
Hart has said that Deedy was performing his duties as a federal law enforcement officer by protecting his life and the lives of others.
In other court filings, Hart says Deedy shot Elderts only after Elderts harassed another restaurant patron with racial slurs, assaulted Deedy and tried to grab the agent’s gun.
Hart is attempting to have the indictment dismissed and to make public the restaurant video.
