Closing arguments were scheduled for next week in the murder trial of State Department special agent Christopher Deedy after the defense rested its case, with Deedy’s lawyer asking him only one final question Thursday.
The defense case came to a relatively abrupt end when defense lawyer Brook Hart asked Deedy on his third day on the witness stand the single question in redirect examination.
What crime did the agent see at the McDonald’s restaurant where he fatally shot Kollin Elderts early on Nov. 5, 2011? Hart asked.
"Felony assault on a federal officer," Deedy answered.
On the 20th day of Deedy’s trial, the defense’s final witness was a retired Honolulu police officer who provided limited testimony on Elderts’ conviction on a disorderly-conduct charge in 2008.
Wayne Fernandez, who was a police lieutenant at the time, said Elderts was arrested in May 2008 after he challenged others to a fight and struggled when police arrested him.
Deputy Prosecutor Janice Futa later notified the judge the prosecution was not calling any rebuttal witnesses.
Circuit Judge Karen Ahn told the jury to return Thursday for the closing arguments but indicated to the lawyers that the arguments may have to be postponed if she hasn’t finished approving the instructions that the panel must follow in reaching its verdict.
Deedy, 29, a federal agent for less than two years when he was assigned to provide security for the Asia-Pacific Economic Cooperation conference here, is charged with murdering Elderts.
The prosecution’s case is that a drunken and inexperienced Deedy threatened to shoot Elderts in the face, kicked him and fired three shots, one fatally striking the unarmed 23-year-old Kailua man in the chest.
Deedy, however, testified he approached Elderts after an exchange between Elderts and customer Michel Perrine and that Elderts became enraged after the agent showed him his badge. Deedy said he fired the fatal shot when Elderts was on top of him, punching him.
Futa’s cross-examination focused on key points in the confrontation: why Deedy stepped in when no crime had been committed and why he didn’t leave the restaurant before the confrontation turned violent.
Deedy said he stepped in after hearing a loud conversation between Elderts and Perrine at the counter because he thought a fight might start.
"I chose to respond immediately," Deedy said. "That’s the way we’re trained if we see a violent situation escalating. If you respond after the violence occurred, then you respond too late."
Deedy testified that he believed Elderts initiated the violence and that his kick at Elderts was a defensive act.
"He (Elderts) gathered himself, moved into position, clenched his fist and moved in quickly to strike me," Deedy said about the seconds before he kicked Elderts.
"We’re trained, we don’t allow someone to strike you," Deedy said. "That was a physical attack, and I defended myself against a physical attack."
Deedy testified one reason he drew his gun was he saw Elderts and his friend Shane Medeiros kicking the agent’s friend, Adam Gutowski, in the head.
Futa closed her examination by grilling Deedy about whether he considered sitting next to Perrine and calling the police instead of approaching Elderts.
The agent said he didn’t think it was an option.
"My immediate reaction was to address the threat against Mr. Perrine," Deedy said. "It was not to call the police and sit down next to Mr. Perrine."
Asked whether Elderts would not have been shot if Deedy wasn’t carrying his firearm off-duty, the agent responded, "That’s true."
Deedy also testified he pulled out his 9 mm Glock handgun and shot Elderts because he was "in fear for my life" and for the life of Gutowski, who was bleeding and being beaten by Elderts and Medeiros.
"As a law enforcement officer, once you’ve made that decision to pull that trigger, you can never go back," Deedy said. "I made an oath to serve and protect, and that’s what I did. I intended to stop the threat."
Deedy testified he believed Medeiros and Elderts were using "deadly force" when the fight began, even though they did not have weapons.
"It would have been reasonable use of force to shoot either of the assailants that were using deadly force," Deedy said.
During a brief stint on the witness stand, Fernandez answered a series of questions the judge had approved.
He testified Elderts was part of a large crowd in May 2008.
Fernandez said uniformed police officers tried to calm down Elderts, but he continued to challenge others.
Fernandez said police did not see Elderts hit another person.
Ahn ruled Wednesday over strong objections from the prosecution that the disorderly-conduct case was admissible, but on Thursday morning she said she would limit the testimony and permit Fernandez to testify only to a series of questions she had approved.
The judge said she must weigh Deedy’s right under court rulings to introduce the conviction against the chance that the jury might decide the case on an "improper basis" that Elderts was a "bad person" who "got what he deserved."
The defense argued that under court rulings the conviction should be introduced to show Elderts’ "aggressive and violent character."
Karl Blanke, one of Deedy’s lawyers, said the judge’s limitation "completely eviscerates" the key details of Elderts aggressive behavior outside the Boardriders bar in Kailua in the disorderly-conduct case.
Blanke said Elderts challenged members of a fight club, did not back down from police despite repeated warnings and told police, "F— you."
Fernandez had to take Elderts to the ground and two other officers assisted in handcuffing him, Blanke said.
The judge indicated she would not permit those details.
"Mr. Elderts is not here to defend himself," she said.
After Fernandez’s testimony, Ahn instructed jurors that they can consider the disorderly-conduct case only for the issue of who was the aggressor at the McDonald’s restaurant.
Later, Ahn told the defense and prosecution to submit their proposed jury instructions today and scheduled a hearing for Wednesday to finalize the instructions.
