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Defense: Racial Slurs Came Before Hawaii Shooting
Posted: 1:45 PM Jun 27, 2012
Reporter: AP

HONOLULU (AP) - Racial slurs preceded a deadly encounter at a
Waikiki McDonald's, leaving a U.S. Department of State agent
charged with murdering a Hawaii man, the agent's attorney claims in
papers filed seeking to move the case to federal court.

Christopher Deedy, a special agent for the Bureau of Diplomatic
Security, was in Honolulu for November's Asia-Pacific Economic
Cooperation summit when the shooting occurred. In papers his
defense attorney filed Tuesday in federal court in Honolulu, he
argues that moving the case will ensure a fair trial. The Honolulu
prosecuting attorney's office will oppose the move, spokesman Dave
Koga said.

In addition to Deedy being an employee of the U.S. government,
federal court would be in a better position to move the case to
another federal district if he can't get a fair and impartial jury
in Honolulu, the filing argues.

The transfer request was first reported by the Honolulu
Star-Advertiser.

The papers include details from defense attorney Brook Hart
claiming Deedy intervened when he sensed an altercation escalating
between shooting victim, Kollin Elderts, and a customer, Michel
Perrine. "While at the cashier counter, Elderts began to verbally
harass Perrine using racial slurs," Hart's 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."'

According to a transcript of the November grand jury proceedings, Honolulu Detective Theodore Coons testified Eldert's friend Shane Medeiros told him about the exchange that Perrine was "a little put off by his comment and then he said something to the effect that, you know, I'm local too, I live here too. And then Kollin told him, oh, it's - it's okay then."

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, Hart said:
"Elderts threatened Special Agent Deedy by saying, `Eh, -- haole,
you like beef?' or words to that effect."

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.

"You don't shoot somebody because they called you a name, if
they did," said Michael Green, the attorney representing Elderts'
family in a civil lawsuit. "So when you're a federal agent and you
get drunk, then you can shoot somebody for that?"

The judge presiding over the case in state court has sealed
Hart's description, along with surveillance footage, arguing they
could jeopardize a fair trial. Several Hawaii media outlets have
been pushing for the documents and video to be made public. A
hearing is scheduled for Wednesday on the media's request for the
judge to reconsider the sealing.

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