• Deedy Testifies in Hawaii Murder Trial

    August 9, 2013

    Tags: , , , ,
    Posted in: Embassy/State

    Diplomatic Security Special Agent Chris Deedy, accused of second degree murder in the shooting death of a Hawaiian man, took the stand to testify. I was unable to locate a transcript of the testimony. However, the Associated Press’ report on the trial quoted Deedy. Text from that article appears below.

    Video of some of Deedy’s testimony is here, and also here.

    As a public service, I have tried to match up Deedy’s version of events with the video of the events. The video is linked at the end of this post if you want to watch along. Most of the times mentioned below refer to the video running time so you can compare and decide for yourself. The actual time passed on-the-ground is noted when it was possible to learn it. As always, it is up to the jury to decide, and everyone is innocent until proven guilty.

    Tale of the Tape

    Deedy said he intervened because Elderts was bothering a customer.


    At 1:58 on the video a person wearing a jacket labeled “Security” is seen standing. That same person is present behind Deedy later in the video. The person does not appear to be actively involved in the incident.

    The person allegedly being bothered enters at around 3:48 on the video. Already at the counter, Elderts, whom Deedy shot, appears to be speaking to the person. Both have their backs to Deedy in a noisy restaurant. They are a step apart and do not appear to physically interact. Deedy is seated talking with friends. The counter workers do not appear to stop service, though one briefly extends her arm toward Elderts. This is the situation Deedy states he interceded in.

    Deedy stands up at 4:39. His female friend stands up and approaches Deedy at around 5:30. Deedy does not appear to speak/engage with anyone until 6:29, after Elderts and the other person have left the counter and taken seats. Deedy has his hands in his pockets and does not appear to have flashed his law enforcement credentials on first encounter.

    It is around 8:57 Deedy first appears to show something in his wallet to the seated Elderts. Deedy’s friend Adam Gutowski, who has not been claimed to be a law enforcement official, is also on his feet in front of Elderts. It is unknown if Elderts as a local Hawaiian was familiar with the role of State Department Diplomatic Security as a law enforcement agency with the authority to use deadly force.

    Deedy originally claimed as his defense he was acting in his capacity as a federal law enforcement official, but dropped that defense in favor of self defense.

    At 10:17 Deedy’s female friend and another person appear to back him away from the seated Elderts. A small crowd has gathered. No one appears to be interceding with Elderts. Elderts stands around 10:24. At 10:33 Deedy reaches behind his back and touches what may be his service weapon.


    Elderts and his friend Shane Medeiros attacked his friend, Adam Gutowski, the agent testified. “The dark blood on his face, the kicks connecting to his head,” Deedy said. “I needed to stop this assault.”


    This alleged assault of Gutowski does not appear to have been captured on the video from either of the two security cameras. Deedy has been knocked onto the floor at 12:28. He is on his back looking upward.


    Deedy said he rose to his feet after being knocked to the floor and stood to face Elderts with his empty hands in front of him. “I was issuing a warning, a command: ‘Stop, I’ll shoot,’” Deedy said. “As I drew my weapon and put my hand forward, I said ‘freeze.’”


    This appears to be at 12:32. At 14:23 the final series of events between Deedy and Elderts that ended in the shooting takes place. 14:35 shows a seated patron covering his ears. Deedy and Elderts are still standing.

    The unidentified people talking over the video discuss the on-the-ground timing between the start of the events and the person covering his ears. They say four tenths of a second passed. It appears the implication is that the ear covering signifies the first of the three shots Deedy fired. This suggests Deedy’s verbal commands, warning and first shot may have taken place in a very short period of time.


    Deedy used footage from a bystander’s cellphone camera to show that he used his knife to help cut Eldert’s shirt and rendered aid.


    What happened after the shots on the floor cannot be seen on the publicly available video. However, Deedy is seen on his feet and across the restaurant at 16:49 on the video. The commentators say the on-the-ground time at this point is 2:43:11.

    This would suggest approximately one minute passed between the first shot, whatever happened on the ground out of sight, and Deedy stepping away.

    At 17:53 on the video Deedy appears to pick one or two things off the floor and may put them in his pants pocket. This seems to take place before any aid was rendered to Elderts. A person in law enforcement who viewed this video suggested that Deedy may be recovering his spent cartridges, the brass part expelled from a weapon when fired. Recovered brass, if available to the police, can potentially be used a evidence from a crime scene.

    Deedy returns to the prone Elderts. This may be the time when Deedy stated he rendered first aid. Deedy testified that “he used his knife to help cut Eldert’s shirt and rendered aid. He’s heard on the video — amid Hawaiian music playing in the restaurant — imploring Elderts to breathe.”


    More from Deedy’s Testimony

    Deedy said he was shocked to hear he was being arrested for murder after fighting for his life.


    In his testimony shown on video, Deedy stated he first learned he was arrested for murder when he overheard a police officer mention it on a cell phone (or the radio, Deedy said he was unsure which device was used) while in the police car. A person in law enforcement who viewed this video told me that police typically state one’s reason for arrest at the time of arrest, though at times charges can be added later. It is unknown how much time passed between Deedy being arrested inside the restaurant and his overhearing the reason for his arrest inside the car.


    Deedy spent most of his testimony during the first two days speaking about moments displayed on frames of security camera footage. At one point Wednesday afternoon, he gave a hint of fatigue, saying he’d been watching the video for hours but didn’t recall the events in frame grabs.

    A prosecutor began cross-examining Deedy in the afternoon. Deputy Prosecuting Attorney Janice Futa asked him why he told a nurse at the hospital that he hadn’t been drinking.

    “I don’t recall any of the questions she asked me,” Deedy said. “I just said no to everything.”

    Deedy said in court however he only had about four beers or less over 5 ½ hours that night.


    Comment: I was unable to learn from State’s Diplomatic Security what its regulations are for its agents carrying their service weapon while drinking, or to intervene in things after drinking. Deedy refused to take a sobriety test at the scene and the Hawaiian police did not seek to compel him to do so.

    Hawaii self-defense law contains a provision that outside one’s home one is required to retreat and avoid a confrontation unless in fear of one’s life. At what point the requirement to retreat kicks in and out will likely be a point of law argued in Deedy’s case.

    One source describes the Hawaiian law as:

    You can use deadly force when you believe it is the only viable means necessary to prevent a threat of death, serious bodily harm, kidnapping, rape or forcible sodomy. You have no duty to retreat if these actions take place in your dwelling or place of work. If the threat occurs in a place other than your home or place of work you have a duty to retreat if you are able to do so in “complete safety.”

    The question Hawaiian law seems to demand an answer to is this: Did a Man have to die?



    Hawaii News Now – KGMB and KHNL



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  • Recent Comments

    • Manapua said...

      1

      The “victim” was a convicted criminal. He was convicted of a misdemeanor. But when the police arrived to the scene he was instructed to leave, but didn’t, he wanted to “scrap” and refused to leave. So he was told he was under arrest.

      He fought his arrest by resisting arrest, 3 HPD officers had to be used to arrest him. He threatened the officers while being arrested but ultimately pled guilty to the crime.

      Not learning from this, he goes out on the night of his death with drugs in his system (cocaine, marijuana) and then drinks until his blood alcohol content was .12

      He then goes out and ends up at McDonalds where he starts making trouble to someone who is not even talking to him.

      Then you have a federal law enforcement officer, a special agent, mind you. Who, yes, was drinking, your guess is as good as mine, he says 4 beers, but who really knows.

      After identifying himself they mix it up, the special agent ends up getting the worst of it and he feels that its a judged by 12 instead of carried by 6 moment and kills the victim.

      08/9/13 11:41 AM | Comment Link

    • Rich Bauer said...

      2

      Dirty Deedy’s problem is he is not a REAL law enforcement officer. For example, if he was an FBI agent, the FBI would have investigated the murder and the shooting would have been deemed “justified”. Also, that video would have been lost by now.

      Deedy’s poor excuse is DS allows its agents to carry a loaded weapon while “slightly” loaded. Real law enforcement agencies would beg to differ.

      08/9/13 12:48 PM | Comment Link

    • Rich Bauer said...

      3

      In Dirty Deedy’s defense, his lawyer should claim DS is not a REAL law enforcement agency and therefore is not bound by LEOSA, which prohibits carrying firearms when under the influence of alcohol or any intoxicating or hallucinatory substance.

      08/9/13 1:00 PM | Comment Link

    • meloveconsullongtime said...

      4

      “a federal law enforcement officer, a special agent, mind you”:

      To me that sounds like a good enough reason to hang him.

      08/9/13 3:46 PM | Comment Link

    • Rich Bauer said...

      5

      Of course, State will disavow any knowledge of Dirty Deedy’s “slighty loaded” loaded weapon defense as it opens State to a very big lawsuit…and State is famous for letting the lower level employee take the blame.

      08/9/13 4:07 PM | Comment Link

    • Rich Bauer said...

      6

      In a plea bargain, Dirty Deedy could provide OIG key evidence in its DS investigation…and the RNC all the dirt on HRC.

      Speaking DIRT, in CIA torture whistleblower John’s latest letter from prison, he recounts how Wells Fargo doesn’t do business with criminals. So Wells can’t do business with itself?

      The United States government filed a lawsuit against Wells Fargo, claiming the bank “used reckless underwriting” tactics and fraudulently approved thousands of bogus home loans for almost a decade. Due to their careless lending, Wells Fargo ended up costing the Federal Housing Administration (FHA) millions in insurance claims for defaulted loans.

      Details of the Mortgage Fraud

      According to the government’s allegations, from January 2, 2002 through December 31, 2010, Wells Fargo knowingly and intentionally committed mortgage fraud. The bank concealed major problems with at least 6,320 home loans from the Federal Housing Administration. Wells Fargo knew each of the loans were “seriously deficient,” but allowed the FHA to insure them anyway.

      According to official documents, the government contended that the “extremely poor quality of Wells Fargo’s loans was a function of management’s nearly singular focus on increasing the volume of FHA originations — and the bank’s profits — rather than on the quality of the loans.”

      America, you are so fucked.

      08/9/13 4:36 PM | Comment Link

    • ibeeducky said...

      7

      What a racist, bigoted blog. You convicted this man in your very forst blog posting…with no facts, no evidence, no anything.
      Outright yellow journalism.

      08/9/13 10:54 PM | Comment Link

    • ibeeducky said...

      8

      **first** (spelling correction)

      08/9/13 10:56 PM | Comment Link

    • ambassador franklin huddle said...

      9

      Deedy gave impressive testimony as to feeling threatened, the more so as he allegedly was on his back whilst being pounded.

      How this came about appears to be classic late night drinking cum misbehavior.

      Not sure of the current rules for drinking and carrying a weapon. In my Ambassador days, one had a choice of a cocktail or carrying — but this was overseas under Ambassadorial authorities. Not sure what DS currently allows or enforces — and would welcome their input.

      08/10/13 1:59 AM | Comment Link

    • kyzl orda said...

      10

      This is an age old tragedy, men under the influence. What should be on trial, but will not be, is why people think it is necessary to get high or wasted in order to have a good time they will not be able to remember or that could end badly. The one who has survived will bear this guilt all his days, even if he is found not guilty.

      Civilians shouldnt drink and drive, or drink and carry arms. The same should apply to law enforcement. One can argue no breathalizer was issued but and so there is no proof of the surviving person having been drunk but, correct me if I am wrong here, it is supposed to be Hawaiian law to issue breathalizers in the event of harmful injury or death.

      There will be a huge question mark the law was not carried out here. One of the Hawaiian cops involved in the arrest made complaints about how the arrest was conducted on his facebook page before being ordered to remove that.

      On one level as civilians, we are being told with the NSA surveillance scandal if we dont have anything to hide then we should submit to surveillance because that is the law. The very laws are rendered meaningless when they are waived for those who are supposed to enforce these laws. Honesty and integrity are not just words. Some of my family members are police in NYC. One of my cousins was a female detective in the Bronx who was shot in the head trying to defuse a situation and saved the life of her partner, who had been shot first. How could she have faced the situation if impaired?

      Neither guy that night was in the mode for making clear decisions and one has to wonder what the outcome would have been if both had been in possession of all their faculties.

      There should be a review if there isnt a policy already of whether people under the influence of something can carry and discharge a weapon. Mr Deedy may have been licensed to carry a gun, but ordering food at McDonald’s he clearly was not acting in a law enforcement capacity and it is still unclear if DS is a law enforcement agency per se but someone can illuminate. What if the other party had been a licensed gun owner who claimed he felt threatened? People may think ‘it’s not me what do i care?’ Well, life happens

      08/10/13 3:53 AM | Comment Link

    • wemeantwell said...

      11

      I have asked their public affairs people for a copy of DS’ regulations on carrying a service weapon off duty at a social event while drinking. No response.

      08/10/13 12:52 PM | Comment Link

    • wemeantwell said...

      12

      Thanks again for writing in Mrs. Deedy! How’s Hawaii?

      08/10/13 12:53 PM | Comment Link

    • Rich Bauer said...

      13

      Hope Mrs. Dirty Deedy doesn’t have a checking account with Wells Fargo; they don’t do business with “felonious” families.

      08/10/13 1:02 PM | Comment Link

    • meloveconsullongtime said...

      14

      And a US Ambassador has checked in to represent Murder Incorporated! Peter, what did you do to merit keeping virtual company with the torture squad?

      08/10/13 3:22 PM | Comment Link

    • teri said...

      15

      Everyone has already forgotten the testimony of Perrine, the customer “threatened” by Elderts. Elderts said something to him about being a haole, but Perrine was so unperturbed that in the video, you see Perrine take his sandwich and go sit at a table to eat. Elderts and his buddy go sit about 10 feet away at another table to eat. Perrine and Elderts don’t speak again or even appear to look at each other again. One can’t even call it bullying – although the Deedy defense team uses the word. That was the extent of the incident in which Deedy felt he needed to rush in and “protect the public”. Things did not get out of hand until Deedy for some reason decided to intervene in a non-existant situation and approached the seated Elderts to threaten him with some flying monkey action. Without Deedy’s “help”, all these guys would have eaten their Big Macs, gone home and woken up with hang-overs in the morning.

      From the Star-Advertiser, 13 July 2013, Perrine’s testimony:

      “[...] Michel Perrine was the customer who, according to the defense, was bullied by Kollin Elderts to trigger a chain of events that led to Elderts’ death in the 2011 shooting at the Waikiki fast-food restaurant.
      “Perrine testified he had been drinking and doesn’t remember his exchange with Elderts, other than Elderts saying ‘haole.’
      “[...] Perrine didn’t know either Elderts or Deedy, and said he drank three shots of tequila and a pitcher of beer before he went to the fast-food restaurant on his way home.
      He acknowledged his memory of the events is spotty.
      He testified he did not feel threatened, ‘shrugged off’ Elderts’ comments, walked away and didn’t feel a need for any help.
      Perrine said he remembers Deedy going to Elderts’ table and that the two started talking.
      ‘I tried not to pay attention as much as possible,’ he said. ‘I didn’t want to be involved any more than what I already was.’
      Perrine said he saw Deedy and Elderts grappling and the agent falling to the floor.
      He said he remembers seeing the agent lift his shirt and that he saw a holster and gun.
      ‘It was scary,’ he testified.
      He said he doesn’t remember hearing gunshots and didn’t know anyone was shot until afterward.
      ‘I can see somebody standing up and saying something, but to shoot somebody — I didn’t see a reason for that,’ he testified. [...]” -StarAdvertiser, 13 July

      08/11/13 7:23 AM | Comment Link

    • Rich Bauer said...

      16

      “We are the Flying Monkeys. We don’t need no stinkin’ reasons.”

      08/11/13 12:11 PM | Comment Link

    • Manapua said...

      17

      Perrine also said he didn’t remember the conversation he had with Elderts/Medeiros, the fight or the shooting. Funny how you leave out those facts when talking about his testimony.

      08/12/13 5:40 AM | Comment Link

    • wemeantwell said...

      18

      Funny how some people who have been drinking at 2am can’t remember everything, and how some people who have been drinking at 2am think they remember everything.

      08/12/13 12:54 PM | Comment Link

    • teri said...

      19

      The point is that Perrine did not feel threatened, had no further action with Elderts after whatever words Elderts used, and certainly was not involved in the fisticuffs or shooting minutes later. He was not a victim, didn’t feel like a victim, and the tape clearly shows that however drunk he was and how poor his memory, he was not being pursued or harrassed by Elderts.

      For God’s sake.

      08/12/13 1:52 PM | Comment Link

    • Rich Bauer said...

      20

      That Dirty Deedy was going to eat at McDonalds was evidence he was obviously under the influence and not thinking clearly.

      Also, it doesn’t look good for Dirty Deedy because the Commander-in-Chief has to get along with the natives when he vacations there.

      08/12/13 4:17 PM | Comment Link

    • meloveconsullongtime said...

      21

      “The question Hawaiian law seems to demand an answer to is this: Did a Man have to die?”:

      Life is cheap in third world countries.

      08/13/13 3:18 AM | Comment Link

    • Rich Bauer said...

      22

      The prosecution’s summary will paint Dirty Deedy as inexperienced, a DAMNING indictment of DS.

      State should create its own “Insider Threat” program to educate its employees to be alert to dirty deeds by DS agents. Note: Don’t alert OIG if you want to keep your job.

      08/13/13 4:23 PM | Comment Link

    • Kimo Rosen said...

      23

      Deborah Morel has written part 2 of the Deedy Chronicles, this one is titled when Time Stands still,” Deborah has spent days, researching, fact checking and studying everything she can get her hands concerning this case and her conclusion is not only, “not guilty,” but innocent! Read the facts;

      http://dakinetalk.blogspot.com/2013/08/chris-deedy-when-time-stands-still.html.

      08/14/13 2:01 AM | Comment Link

    • Kimo Rosen said...

      24

      Please read Deborah’s first blog on this trial, tuitled; “Chris deedy and the Chrponciles of racism in the 50th state!”

      http://dakinetalk.blogspot.com/2013/08/christopher-deedy-chronicles-of-racism.html

      08/14/13 2:05 AM | Comment Link

    • Kimo Rosen said...

      25

      P>S. I linked your blog to our blogs on Deedy too!

      08/14/13 2:09 AM | Comment Link

    • Kimo Rosen said...

      26

      “In less than 11 months’ time, between February 2010 and November 2010, Mr. Kollin K. Elderts was Charged and/or Convicted of at least 7 Traffic Crimes, some serious, including: Guilty Plea of DUI/Impairment–determined by Breathalyzer Noncompliance with Speed, Seat Belt Requirement, Failure to Surrender Plates, and Driving With Suspended/Revoked License….”

      Read more;
      http://dakinetalk.blogspot.com/2013/08/chris-deedy-when-time-stands-still.html

      08/14/13 2:22 AM | Comment Link

    • Rich Bauer said...

      27

      Words of Wiz-dumb for Dirty Deedy: “A man has got to know his drinking limitations.”

      08/14/13 1:27 PM | Comment Link

    • Manapua said...

      28

      Teri,

      How can Perrine honestly say he didn’t feel threatened when doesn’t even remember what happened that night? Other people have testified that he was being harassed by Elderts and Medeiros (both bad people).

      08/14/13 3:12 PM | Comment Link

    • Manapua said...

      29

      Jury will NOT be allowed to consider manslaughter. It’s 2nd degree murder or bust for the prosecution.

      Score for Deedy IMO…

      08/14/13 3:17 PM | Comment Link

    • Rich Bauer said...

      30

      There is a defense for second degree murder – intoxication – BUT Dirty Deedy swears he only had a couple of beers. If Dirty Deedy swore he didn’t know his drinking limitations- that he was blasted out of his mind when he blasted the victim, THEN he could be found innocent of second degree murder.

      If convicted, he could sue his lawyer for an incompetent defense.

      08/14/13 5:10 PM | Comment Link

    • DaddyG said...

      31

      Find it odd that some of the 12 FAM 023 was moved to the 12 FAH-9 in December 2011. Was this planned or as a result of Deedy shooting?

      08/21/13 3:18 AM | Comment Link

    • DaddyG said...

      32

      Why did DS move some of the firearms policy from 12 FAM 023 to 12 FAH-9 in December 2011? Was this planned or as a result of Deedy incident November 2011? Inquiring minds want to know.

      08/21/13 3:23 AM | Comment Link

    • wemeantwell said...

      33

      You don’t happen to have a copy of the old unclass version around by chance?

      08/21/13 5:14 PM | Comment Link

    • Manapua said...

      34

      Mistrial declared. Even a local jury in Honolulu couldn’t bring theirselves to convict Deedy of murder.

      08/27/13 7:49 AM | Comment Link

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