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Deedy Mistrial in Hawaii Shooting; Saga Moves into Third Year
Hawaiian newspapers reported today that the judge declared a mistrial Monday in the Second Degree murder trial of State Department special agent Chris Deedy. Jurors said they couldn’t unanimously decide whether Deedy is guilty of murder in the early-morning shooting of a customer at a McDonald’s restaurant in Waikiki.Hawaii 1st Circuit Judge Karen Ahn set a hearing for Friday to determine a date for a new trial, after mentioning next spring as a potential date. The shooting took place almost two years ago.
The victim’s family also has a civil suit pending against Deedy in connection with the shooting.
During closing arguments, the prosecutor called Deedy a “bully with a badge,” telling jurors Elderts, of Kailua, was killed because Deedy interjected himself in a situation that wasn’t any of his business and refused to back down. Defense attorney Karl Blanke acknowledged that Deedy shot and killed Elderts but said it wasn’t murder. Deedy’s “intent was to protect life,” Blanke said in his closing argument. The defense painted Elderts as a hothead who had been drinking heavily and doing drugs. Elderts referred to Deedy as a haole — a Hawaiian term for a white person — in a derogatory way, the defense claimed.
Deedy’s family, including his parents and his wife, were present throughout the trial. They’re “trying to wrap their arms around the notion he’s still a free man,” one of Deedy’s lawyers said. “He’s still an agent of the United States State Department and has a job to do.”
Before the mistrial was declared Wednesday, Judge Ahn unexpectedly cleared the courtroom’s spectators for a few minutes without providing a reason. Attorneys on both sides declined to say what was discussed.
The jurors told the judge that they were unable to reach a unanimous verdict after twenty days of testimony and more than five full days of deliberations. A hung jury means the state will set a date to retry the federal agent on the murder charge.
“I think the defense will file a motion under State vs. Moriwake which the judge will have some say in whether there will be a new trial,” said criminal defense attorney Paul Cunney. “I think there will be some informal polling of the jury and find out how the jury stood numerically.”
“There’s always the possibility that it will be derailed, but we feel strongly that the right thing to do would be to have a new trial,” said Prosecutor Futa.
BONUS: We reported previously that within days after the Deedy shooting in 2011, the Department State without explanation classified its long-standing unclassified rules governing the armed conduct of Diplomatic Security agents.
An alert reader, and God bless the internet, found the rules in unclassified form still alive on line. Have a look at what now only select persons are allowed officially to see (p 40 at the link.)
Note in particular Section 2.6B(5) which prohibits consumption of alcohol within six hours of use of deadly force, though there is the escape clause noting that the booze must impair judgement or ability.
While we can never know if this unclassified version of DS firearms policy differs or not from the freshly-classified version, as a Concerned Citizen and a Good German, I encourage Diplomatic Security to immediately shut down Google as a threat to national security. Since the document is actually part of the Congressional Record, I suggest they also immediately shut down Congress as a threat to national security. Since the document was provided to Congress by the State Department, I suggest they also immediately shut down State as a threat to national security.
Instead, they’ll probably just arrest me for providing the link.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Deedy Testifies in Hawaii Murder Trial
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
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
State Dept Security Agent Deedy Murder Trial (Finally) Underway
Two years ago State Department Diplomatic Security Special Agent Christopher Deedy was briefly in Hawaii protecting Hillary Clinton. Deedy, off duty, shot and killed a local man. Two years later the case has finally come to trial, with new revelations made public, including an airing of the surveillance camera video of the shooting. For more background on the case, see here. Now, let’s dive in and have a look ourselves.Deedy is on trial for Murder in the Second Degree and Use of a Firearm in the Commission of a Separate Felony, punishable by a term of life in prison. After various abandoned defense pleadings, including that Deedy acted in his legal capacity as a federal law enforcement official, Deedy’s current defense strategy is to claim he acted in self defense. That argument will require Deedy’s lawyer to convince a local jury that as a trained law enforcement officer from the State Department temporarily in Hawaii for wholly unrelated reasons, after a night on the town with friends, Deedy was required to fire multiple shots at near point-blank range into an unarmed inebriated local man inside a crowded McDonalds at 2:30 am because he was in fear of serious bodily injury or death.
Now, let’s look at the video of the whole incident. I cannot embed the video here, so promise that after you hit the link and watch it, you’ll come back! FYI, the linked page has two video clips. I recommend you watch the second clip first, a summary, and then look at the whole unedited piece at the top of the page. There is no sound. OK, here’s the link. I’ll be waiting here.
Thanks for coming back. Here are some observations.
— A lot more people than we previously knew were directly involved in the incident. It should be easy to establish what was said, and, with the video, what happened. One newspaper suggested over 100 witnesses will be called.
— The people involved, both those with Deedy and those with the victim, appear to be trying to break up the scuffle. Deedy will need to explain why he continued to fight with the victim instead of allowing his friends to back him away early on.
— One of Deedy’s friends, the woman with the long black hair, appears to actively try and break up the scuffle. Speculation: if either of the people with Deedy were fellow security personnel, and neither felt the need to draw his/her weapon, that will raise questions about Deedy’s own action.
— Deedy appears to reach for his weapon fairly early on, but does appear to draw it until later.
— Deedy’s reason for getting involved in the first place, that the shooting victim allegedly “bullied” another man, seems to have been entirely verbal in nature. The bullied man does not appear to be reacting to whatever was being said to him. There was no physical contact shown. Deedy will be asked to show why as a law enforcement official he was compelled to get involved. Deedy’s own lawyer stated “These [slurs] are now fighting words. This is a threat of violence. This is what Deedy is trained to perhaps respond to, although he wasn’t here to respond to the laws of harassment or bullying. He’s a federal agent and his job is to serve the community.”
— On Deedy’s supporters’ page, the acts are described as “Chris saw two men harassing a patron of a Honolulu McDonald’s. Chris responded and tried to diffuse the situation. He identified himself to the men as a federal agent and he and his friend were subsequently attacked by the men… Chris observed these men injure his friend, and felt he himself was going to be more seriously injured or killed, so he drew his firearm.” It is unclear from the video at what point if any Deedy’s friend was injured.
— Deedy appears to throw the first blow, a kick at the victim. Prosecutors have claimed that Deedy instigated the incident.
— Deedy’s mug shot is shown above. One of the Honolulu police officers involved stated to the court that “there was a ‘strong odor’ of alcohol on the federal agent and that his eyes were ‘red and glassy’ and that Deedy’s footing was ‘uneasy’ as they walked to the police cruiser. That same cop oddly went on to repeat these statements on his personal Facebook page. Deedy’s lawyer’s attempt to block the testimony based on bias was denied by the judge after she determined none of the jurors had seen the Facebook page. Deedy refused a sobriety test on the night of his arrest and the Honolulu police inexplicably did not compel him to take it. Another officer who testified during the case admitted to losing a camera that he used to take photos of the crime scene.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Deedy Done It Different
America’s favorite Diplomatic Security “special” agent Chris Deedy is engaged in what promises to be one of Hawaii’s longest trial processes. For those just joining us, recap here. For those too multi-tasked to click on the link, the real short now version is that in November 2011 while in Hawaii protecting then-SecState Hillary Clinton from the APEC conference, Deedy shot and killed an unarmed man in a Waikiki McDonalds. Deedy was arrested by the Honolulu Police Department and charged with Murder in the Second Degree and Use of a Firearm in the Commission of a Separate Felony, punishable by a term of life in prison. Despite the whole thing being on both a surveillance videotape and on someone’s iPhone video, along with multiple eye witnesses, the case has not yet come to full trial. Deedy maintained that he acted legally in his capacity as a law enforcement official.
Until now.
On March 11 Deedy changed his story, with his lawyer withdrawing the request to dismiss the case on the basis that he was acting as a federal agent at the time of the incident. The new rationale for the killing is self-defense. Withdrawing the motion relieves Deedy of having to testify during a pretrial hearing. It also cancels his desire to have the case transferred to federal court. The change also, finally, clears the way for the actual trial to begin on/about April 2 in Honolulu unless some new delay is introduced.
There has been no clear explanation/reason as to why the case has taken so long to (almost) reach trial. Deedy has been out on bail since the shooting, working a desk job at the State Department on full salary.
Deedy also now has a “support” group on the web raising money for him (they’re up to $12k), as well as to provide his side of the story.
According to the local Honolulu newspaper, in pretrial documents, city prosecutors say Deedy appeared “intoxicated” after a night of drinking and bar hopping and became the aggressor who started an altercation. According to prosecutors, Deedy kicked the deceased Elderts and repeatedly told him he was going to shoot him “in the face.”
The defense’s position outlined in court documents contends it was Elderts who was the aggressor. Hart’s filings said an intoxicated Elderts called Deedy a “fucking haole” and challenged him to a fight. Hart said Deedy identified himself as a law enforcement officer, but Elderts attacked Deedy, who felt compelled to fire in self-defense.
Deedy’s self-defense argument will need to convince a local jury that as a trained law enforcement officer from the State Department temporarily in Hawaii for wholly unrelated reasons, after a night on the town with friends, he was required to fire multiple shots at near point-blank range into an unarmed inebriated local man inside a crowded McDonalds at 2:30 am.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Accused Killer Deedy Loses Motion to Dismiss Case
The latest in the ever-so-bizarre story of U.S. State Department “special” agent Chris Deedy.
Everyone’s favorite State Department guy Chris Deedy still has no trial date set for his shooting and killing of a Hawaiian man last November while in the islands as part of Hillary Clinton’s guest appearance at the APEC Summit. Recap here; Deedy shot a guy, guy is dead.The whole thing was videotaped by a McDonald’s surveillance camera.)
The latest turn of events is that Deedy lost a motion to dismiss the case against him and his lawyer lost another bid to publicly file a videotape of the killing. The motion maintained that Deedy acted in his legitimate law enforcement capacity in shooting the local man, what cops love to call a “righteous shoot.” Court said NO. Deedy’s lawyer wanted the McD’s video released publicly. Court said NO.
What the court inexplicably did not say is when Deedy will go to trial. The killing took place November 5, 2011, and a grand jury indicted Deedy November 16, 2011. The best the court would say is that the trial would commence next year. At this rate none of us may live long enough to see a verdict.
Listen to the 911 Calls
Interesting listening here, the 911 calls from the killing scene. Of particular interest are two separate callers stating Deedy ran away from the scene of what he claimed, unsuccessfully, was a legitimate law enforcement action. Is that what cops do, run away? Other reports, however, say Deedy remained at the McDonalds.
Cop Talk
If you’d care to read some macho cop talk (“Sounds like a righteous shoot to me!”) about blasting away in a crowded McDonalds at an unarmed man, there’s plenty to be had at Police Mag.
Here are some samples to give you an idea of the level of discourse:
Marshal @ 8/29/2012 7:24 AM
I think that the media and the prosecutor spokesman should be charged with false reporting and sued for slander. When are we going to take a stand on the bullsh*t that we allow the media to do to people when they know it is wrong or they just don’t care and they don’t research their information and they just want to be the first to report. Freedom of the press doesn’t give them the right to slander someone or give faulty reports.ib_da_one @ 10/6/2012 4:29 AM
Sounds like a clean shoot to me but you have to understand this is Hawaii. Very limited gene pool amoungst potential jurors. I mean you should have seen the memorial they laid out in front o Mcdonald’s for the perp. Absolutely disgusting!Meanwhile…
Deedy remains free on bail, living in Virginia and still fully employed and paid by the U.S. Department of State.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Deedy Done Delayed
Everyone’s favorite State Department special agent Chris Deedy still has no trial date set for his shooting and killing of a Hawaiian man last November while in the islands as part of Hillary Clinton’s guest appearance at the APEC Summit.
(Recap here; Deedy shot a guy, guy is dead. Question is whether the killing was part of Deedy’s law enforcement duty or some version of murder. The whole thing was videotaped by a McDonald’s surveillence camera. The video has not been made public.)
The Honolulu Star Advertiser (slogan: “Steadfastly Not Really Online”) print edition tells us that the most recent legal move took place August 8, when a Hawaiian court denied Deedy’s request to shift the trial to Federal court and outside of state jurisdiction. Next up is a hearing now set for October 22 where Deedy’s lawyer will seek a motion to dismiss, claiming that Deedy acted in his legitimate law enforcement capacity and in self-defense.
No date has been set to begin the actual trial. Dead guy is still dead.
Questions. Jump in, crowdsourcers:
— WTF? A guy is dead, we know who done him. There are multiple witnesses. The whole thing is on video. Why is no trial date set ten months after the fact? How the hell much more evidence do you need to bring this to a decision?
— Given the WTF angle, why why why is this case being delayed? As best we know, Deedy is alive and well, back in Virginia, still on the payroll with the State Department but on some form of not-so-special agent duty. It seems in the public interest to resolve his status. If he is innocent, then let’s pay him with our taxpayer bucks to get back to his real work. If he is guilty, let’s take him off the street.
I know all about “island time, brah,'” the Hawaiian version of manana, later, we’ll get to it, but this all seems beyond that. I am in too good a mood today to bark “conspiracy theory,” but anybody got anything else?
(Thanks to We Meant Well Hawaiian operative “5-0” for the local paper scans)
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
“Special Agent Deedy was compelled to discharge his gun”
A few new details on the good times in Hawaii of State Department super “Special” Agent Deedy. Deedy is charged with second degree murder in Honolulu in connection with gunning down a local man. Deedy was in Hawaii as part of a State Department entourage guarding the 2012 APEC meeting. More here if you’re not up to speed on the case.
According to court documents filed by Deedy’s own defense attorney, Brooke Hart:
Deedy intervened when he sensed an altercation escalating between the shooting victim, Kollin Elderts, and a customer, Michel Perrine.
“While at the cashier counter, Elderts began to verbally harass Perrine using racial slurs,” the filing states. “Perrine asked Elderts to leave him alone, not to single him out, and stated words to the effect that he was a `local.'”
Hart’s characterization of the incident says Deedy was trying to prevent a physical attack. Elderts called the agent a “haole,” the Hawaiian term for white, in a derogatory way, he said.
“Elderts threatened Special Agent Deedy by saying, `Eh, haole, you like beef?’ or words to that effect,” Hart says in the court papers.
At one point, Elderts tried to grab Deedy’s gun, according to Hart, and the two men got physical. Deedy drew his gun and told Elderts to freeze, but he continued to advance.
“Special Agent Deedy was compelled to discharge his gun, resulting in the death of Elderts,” the court papers claim.
Somewhat oddly, Deedy’s attorney has also previously claimed the agent was acting in self-defense and/or in his lawful capacity as a law enforcement officer.
Oddly oddly, a federal judge in Virginia ruled that Deedy’s legal expenses in a wrongful death lawsuit pending against him are covered by a renter’s insurance policy issued to Deedy and his wife in Arlington, Virginia in late 2010 by Allstate. A trial in this civil case will likely not begin until after completion of the criminal case.
Deedy’s defense attorney is also trying to move the case to federal court, preferably outside of Hawaii. To keep things interesting, Honolulu Circuit Judge Karen Ahn denied a renewed push by several media outlets to make public surveillance video and other documents referenced by prosecutors and Deedy’s lawyer. The case will drag on, with the next trial action not scheduled until September 10, unless the case goes to federal court or is otherwise delayed.
Which it likely will be.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Your Special Agent Deedy Murderous Update
A story this blog follows closely is the case of very special State Department Diplomatic Security Agent Deedy (pictured in his mug shot), who appears to have shot and killed a man in Hawaii while Deedy was there protecting someone or something else during the last APEC meeting. You can get the backstory here.
Rather than retype it all, I will redirect you to a much better blog that follows Deedy’s case very closely. That blog is here.
If you have the attention span of Justin Beiber and just want the shortest version, it is: On June 15 Honolulu judge Karen Ahn has removed from her calendar a hearing on a motion by the attorney for Christopher Deedy to dismiss the murder charge. This means despite the attempts of Deedy’s lawyer to have the charge thrown out, Deedy is still scheduled to stand trial in Ahn’s court on September 10 on charges of second-degree murder and use of a firearm.
There’s a lot more fluff surrounding the case, so better read the full story.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Agent Deedy: State Department Says I Can Kill People
(For those unfamiliar with the case of State Department Diplomatic Security “Special” Agent Chris Deedy, who appears to have shot and killed an unarmed man in Hawaii while there for the APEC Conference, see some previous postings.)
The latest news out of Hawaii about accused murderer Deedy is that the State Department said it was OK for him to gun down an unarmed man. Sort of.
After initially claiming he shot the guy in the chest in self-defense at 3am in a Waikiki McDonald’s, Deedy now claims he is immune from prosecution because he was a law enforcement officer on duty at the time just doin’ his job. The State Department had sent the shooter to Hawaii as part of Hillary Clinton’s entourage for the APEC conference no one cares about anymore (Obama isn’t even going this year’s ’cause it’s in bad Russia).
It is very, very unclear that being in the McDonald’s at 3am had anything to do with Deedy’s assignment in Hawaii, but I’m sure it is OK.
The Honolulu Star Advertiser also noted that Deedy submitted a report from the doctor who treated him at the Queen’s Medical Center after his arrest. The report from Dr. Kyle Perry says Deedy suffered scrapes and a broken nose from an assault. Deedy’s mug shot is shown above, but I leave it to you readers to detect the scrapes and broken nose. Maybe a little shaving nick under the nose? Maybe the picture was taken from a bad angle? At the time of his arrest Honolulu police officers noted that Deedy had red, glassy eyes and slurred speech, perhaps also not noticeable in the photo? Deedy declined to blow for the cops at the scene and as a cop-to-cop courtesy apparently the HPD never pushed it.
Want more? How about the opinion of an ex-Diplomatic Security Agent on this case, whose “observations raise far more questions than they address?” Surf on over to Teri Schooley’s blog, where she is following the Deedy case very closely.
According to Teri, the Judge in Hawaii will rule on the motions to dismiss charges or to delay the trial in July. If she agrees to delay the trial, it will mean that the victim’s family will have waited almost a year and a half to get justice in this case. In the meantime, Deedy will be receiving his full salary as a State Department employee on “admin leave.” And he has had the benefits of being allowed to post bail and leave the jurisdiction after being charged with murder, and has been able to have the trial delayed for months already. The State Department, of course, refuses to discuss the case.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
More on State Department Diplomatic Security Murder in Hawaii
(For those unfamiliar with the case of State Department Diplomatic Security “Special” Agent Chris Deedy, who appears to have shot and killed an unarmed man in Hawaii while on duty there for the APEC Conference, see some previous postings.)
Details on the Deedy case are harder to find than intellectuals at a Gingrich rally. However, one of our Hawaiian operatives offers up a few ideas:
— Why was Deedy charged with 2nd degree murder instead of 1st? It turns out that in Hawaii, unlike most of the other states, 1st degree murder only applies in very limited cases, with strict definitions. Under Hawaii law, second-degree murder is defined as occurring simply ‘if the person intentionally or knowingly causes the death of another person,’ while first-degree murder involves specific kinds of victims. First-degree murder would pertain to someone who intentionally or knowingly causes the death of: more than one person in the same or separate incident; a law enforcement officer, judge or prosecutor involved in the prosecution; a witness in a criminal prosecution; a person by a hired killer, in which case the killer and the person who did the hiring would be charged; or a person while the defendant was imprisoned. Deedy is being charged with 2nd degree (Hawaii Revised Statutes, HRS 707-701.5) because Elderts was not a judge, a law enforcement officer, a witness in a case, etc., and because Elderts was the only victim. It has nothing to do with Deedy’s intent or foreknowledge of Elderts.
— Federal law allows law enforcement officers to carry concealed weapons on duty or off, but one of the stipulations is that the officer absolutely may not carry when under the influence of alcohol or drugs, with one exception: if he is undercover and has to enter a bar and have a drink while investigating a suspect during an authorized investigation. Rather doubt such was the case here. I don’t think Deedy identified himself as law enforcement in the first place – if he had done so, wouldn’t they be charging him with negligent homicide rather than murder, and wouldn’t his attorney have brought it up vociferously as a defense against the charges?
— Deedy is charged with two offenses. The issue of whether Deedy was acting as law enforcement and/or whether or not he was drinking seems to be addressed by the second charge he is facing: Use of a Firearm in the Commission of a Felony, Hawaii Revised Statutes, HRS 134-21. Surely they would not have charged him with this one if they thought he was acting properly in the role of law enforcement.
As far as we know, the other details of the case remain unchanged: Deedy is still employed at the Department of State, and his trial in Hawaii is still postponed until September for reasons unknown and unspoken.The victim’s family is also suing Deedy, a civil suit in addition to the Hawaii State charge of murder. You can see the full text of their lawsuit online as well.
Also, at least one of his neighbors likes Deedy because he is nice to his dogs; see the interview here. The neighbor also oddly identifies Deedy’s alleged Arlington, Virginia address for some reason. I guess that info is helpful if you’re looking to avoid a nearby McDonald’s at 3am.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Cost of APEC in Hawaii
In addition to providing the means, motive and method for a State Department official to shoot and kill a man in a Waikiki McDonalds, as well as video of a nearly-naked man running behind your Secretary of State with the flaming torch, the recently concluded APEC meeting in Hawaii was supposed to be a boon to the local economy. With the world economy depressed, Hawaii, which sees most of its income come from tourism, was supposed to benefit from all the media attention and rich dignitaries in town for the summit.It may not have worked out that way. Hawaii blog “Random Thoughts” writes:
Conditions on the ground ended up being quite different from what was supposed to occur. Normal social and business activities were, in fact, so disrupted that local businesses had to close their doors for the week of the summit and residents stocked up on food so that they would not have to face the hours of sitting in their cars, waiting for their car to be searched, every time they wanted to leave or re-enter residential areas to go grocery shopping.
Worse yet, local business owners are suing APEC over the loss of business they experienced.
The Clubhouse Honolulu Restaurant is right across the street from the Hawaii Convention Center. They bought signs welcoming the APEC guests but instead were greeted by barriers. “Sure enough not a single person showed up here,” said Ernie Inada, Clubhouse Honolulu President. “The police actually blocked the entrance to my parking lot. I could not even come into my parking lot.”
Read more on Random Thoughts. Aloha!
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
DS Hawaiian Murder Update: Bullying and Self Defense?
As reported here and everywhere, State Department Bureau of Diplomatic Security “Special” Agent Chris Deedy is charged with second degree murder in Honolulu. Deedy was in Hawaii to provide security for the APEC conference. Something went down at a Waikiki McDonald’s at 3am and Deedy shot a local guy in the chest, killing him. Deedy is also charged with using a firearm in the commission of a felony.The dead man tested positive for alcohol and cocaine. Deedy refused to take an alcohol test, but the press has carried reports that he had been drinking too.
After a first court appearance in Hawaii, a few more details have come out in the media. The clearest version of the story online now is that the victim was “”aggressively bullying someone else” at the McDonald’s at about 2:30 a.m. November 5. There is nothing to indicate that the victim was armed. Deedy asked “Do you want to get shot?,” then kicked the guy in the chest, before cranking off three rounds from his State Department-issued firearm. The bloody knife mentioned in some reports appears to have been Deedy’s. Deedy claims he pulled the knife to cut open the victim’s shirt before performing cardio pulmonary resuscitation on the victim after he was shot.
Special Agent Deedy remains in Hawaii, on “admin leave.” His arraignment is set for November 20.
So a couple of questions for you legally educated folks:
1) When I learned CPR it was not taught that we had to cut open a victim’s shirt. Anything changed with that?
2) Is it normal for a law enforcement guy to fire three shots in a crowded fast food restaurant against an unarmed man, even if that man was a bully, even in “self defense”? Deedy’s lawyer says the killing was self-defense. I thought self defense was supposed to meet some sort of proportional test, otherwise cops would just be free to blow away anyone messing with them.
3) Is it DS’ policy that its officers are allowed to carry their service weapons off hours even when drinking? Asked if Deedy was drinking beforehand, his lawyer said, “We’re investigating to see whether that is so, and if so, if drinking had any impact on Mr. Deedy’s behavior.” The victim’s lawyer said Deedy was drunk. It is usually bad news when your own lawyer won’t say clearly that you weren’t drinking.
4) Can’t the Hawaiian cops get a warrant to force a murder suspect to take an alcohol test? Cops can do this in alleged drunk driving cases. Why wasn’t Deedy tested? Some kind of cop courtesy thing?
5) According to Deedy’s lawyer, “The [State Department] want him to come back to work as soon as he’s able.” Does DS have no other criteria other than a stone-cold felony conviction? Can you kill a man in McDonald’s at 3am and just pop back into Rosslyn HQ a month later, no questions asked? Maybe like about judgement and suitability?
6) Does Deedy still carry a State Department badge, gun and ID card while on admin leave awaiting arraignment for murder? In some cases (er, mine), admin leave is accompanied by State physically taking away my ID card and barring me in writing from entering any State Department facility. For the record, I did not kill anyone, just wrote a book. Does DS apply the rules evenly, even with its own special agents?
7) (Extra credit) Do cops in Hawaii ever say “Book ’em Danno” just to amuse themselves? Did they say it with Reedy?
Anyway, we’ll know more come November 20. Stay tuned!
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Diplomatic Security Five-O: Nearly Naked Guy Nearly Enflames Hillary
So your Secretary of State Hillary Clinton is in Hawaii for the APEC Conference. We all know that because of the great love they spread around the world (delivered 24/7 by drone, right to your home or hovel), big-name American officials need big-time security wherever they go, like with other celebs such as the Jonas Brothers or Gallagher.
The Department of State, Bureau of Diplomatic Security (DS) is responsible for protecting the Secretary from Gallagher and other dangers in Hawaii. We know DS is a man short right now, one of their special agents having been arrested for second degree murder in connection with his shooting a local guy to death in a Waikiki McDonalds.
Maybe that explains this hilarious security gaffe:
(Follow this link if the video embed does not work on your browser)
OMG, was that a nearly naked Hawaiian guy with a fiery torch running just a flame’s lick away from your Secretary? It was. Now, she was probably safe, as the nearly naked guy was probably part of some tourist thingy where they light torches on the beach and raise restaurant prices at night.
Still, what if that nearly naked guy had been… Herman Cain? What if Hilary’s hair scrunchie was flammable? Why didn’t a DS agent leap into the arena and take a flame for the Secretary? Aren’t they trained for that? I saw it in that Clint Eastwood Secret Service movie, so it is true.
Luckily– this time– the gaffe ended well, and YouTube garnered another billion hits as the only casualty. But the nearly naked guy stands as a reminder of the need for DS to be constantly vigilant.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
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