Honolulu Prosecutor: Federal Agent Started Fight That Led to Shooting
By Nick Grube
That fight occurred inside a Waikiki McDonald's on Nov. 5, and Deedy, who was in Honolulu as part of an Asia-Pacific Economic Cooperation conference security detail, contends he’s immune from prosecution because he killed Elderts while acting in self defense and as a law enforcement officer.
On Friday, Deputy Prosecuting Attorney Janice Futa submitted a new court filing saying Deedy, 28, was in fact the "first aggressor," and that he turned a "verbal argument into a physical confrontation" by kicking Elderts in the stomach and then throwing his slipper at him, hitting Elderts in the head.
Hart disagrees, saying it was Elderts who was the aggressor. He cited in his argument a much-discussed surveillance video from the Waikiki McDonald’s restaurant where the fight occurred.
That video — which Hart says is "the most important witness of all" — has been sealed from public view by Honolulu Circuit Judge Karen Ahn. The video has no sound, which is one reason the judge has it sealed to guard against speculation.