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Prosecutors: Agent was aggressor in fatal shooting
Wednesday - 11/28/2012, 1:34pm EST
HONOLULU (AP) - A State Department special agent charged with murder in the shooting of a man at a fast-food restaurant in Waikiki last year spent the night bar-hopping and drinking before going to the restaurant, prosecutors said.
Suspect Christopher Deedy appeared intoxicated before firing three shots from his handgun _ the first narrowly missed a customer, another lodged in a restaurant wall, and the third fatally wounded 23-year-old Kollin Elderts, prosecutors said in court papers.
Deedy was not heard identifying himself as a law enforcement officer, but told Elderts he had a gun and would shoot him in the face, prosecutors said in the most detailed account of the shooting released thus far.
City Deputy Prosecutor Janice Futa filed the papers Friday in opposition to Deedy's request for dismissal of the murder charge, the Star-Advertiser reported Wednesday ( http://bit.ly/11d3oqS).
Deedy, 28, has pleaded not guilty. His defense lawyers maintain he is immune from state prosecution under the U.S. Constitution's Supremacy Clause because he was acting as a federal law enforcement officer when the incident occurred.
Deedy identified himself as a law enforcement officer and acted to protect himself and others from a belligerent Elderts, who had assaulted him and tried to grab Deedy's gun, said Brook Hart, Deedy's attorney.
Futa countered that Deedy was the aggressor who "thrust kicked" Elderts and repeatedly told him, "I have a gun; I'm going to shoot you in the face."
Elderts responded, "Shoot me, then," the deputy prosecutor said in the court filing.
After the kick, Deedy reached for his holstered gun and moved toward Elderts, who then hit Deedy in the face, Futa said.
Deedy fell to the floor, and as he got up he pulled out the gun and began firing, Futa said.
Deedy had been "slurring his words as he argued with Elderts," the prosecutor said.
"While defendant was bar-hopping he was in possession of his 9 mm Glock; conduct that the Department of State's rules clearly prohibit," Futa said.
Deedy was in Hawaii in November 2011 to provide security at the Asian-Pacific Economic Cooperation meetings.
Circuit Judge Karen Ahn is scheduled to hear the dismissal request Jan. 22. Trial is scheduled for April.
Information from the Star-Advertiser: http://www.staradvertiser.com/
Information from: Honolulu Star-Advertiser, http://www.staradvertiser.com
(Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)