"We will never know if Deedy was legally by definition intoxicated because a BAC and blood test was never taken."
which is different from your previous statement
"Moments later an intoxicated Deedy confronted Elderts,"
Also for Darmok and Jalad
Day 12: Shane Medeiros testifies in Deedy murder trial
Medeiros says Elderts didn't harass customer Michael Perrine at the food counter, despite many accounts of their exchange becoming racially charged.
"Perrine says 'I live in Hawaii too.' Kollin says 'That's cool.' He made it clear that he was joking. He made it clear," Medeiros said.
Witness didn’t feel threatened before shooting
HONOLULU (AP) - A man who defense attorneys claim was the target of bullying that led to a deadly confrontation between a federal agent and another man testified that he didn't feel threatened during the incident at a Waikiki fast-food restaurant.
Perrine testified that he had been drinking before going to the restaurant in the early hours of Nov. 5, 2011. He said he doesn't remember much about the encounter but did recall hearing Elderts use the word "haole," which means white person, but just shrugged it off.
"I don't feel like it was that threatening of a situation," Perrine said, according to KHON-TV.
Day 5: Officer says Deedy looked drunk on night of shooting
Day 6: Eyewitness says Deedy threatened to shoot Elderts in the face
Christopher Deedy appeared intoxicated
and was addressing Kollin Elderts with "drunken ramblings."
Day 8: Supervising police officer explains why Deedy not checked for alcohol
"I could smell a strong odor of what appeared to be alcoholic beverages on his breath. He was semi-unsteady on his feet," he said.
Comment: What’s this?
"I describe it as an 'Oh, no!' moment because it was a law enforcement officer," Schreiner said.
Day 18: Deedy takes stand; says Elderts was the aggressor
While on the stand, Deedy also disputed the prosecutor's argument that he was drunk that night. He said he did party with friends, and he drank four beers over a number of hours, which is the limit he always sets for himself.
Comment: His friend said he had 5.
Could cops have tested Deedy's sobriety?
Police who arrested Deedy and the evidence specialist who photographed him have testified that
he smelled of alcohol, had glassy eyes and slurred his words.
"The natural question is, 'Well, how do we know if he was truly intoxicated?' And if he was drinking, at what level was he at?" Tonaki said.
"Just by smelling somebody's breath you can't tell if they had one drink or ten drinks," Bakke said.
State public defender Jack Tonaki said police could have and maybe should have gotten that warrant.
"It's not a real complicated process. They just have to apprise the judge of the circumstances and why they feel they have probable cause to seek out the warrant," he said.
Definition of INTOXICATE
a : to excite or stupefy by alcohol or a drug especially to the point where physical and mental control is markedly diminished
b : to excite or elate to the point of enthusiasm or frenzy
We will never know if Deedy was legally by definition intoxicated because a BAC and blood test was never taken.
A question is why did Deedy confront Elderts without calling for police 1st? Was he intoxicated where his mental control was markedly diminished as by definition?
Did he think he could handle the situation all by himself knowing that it could turn violent, a sign that his mental capacity might be diminished?
He also was facing the possibility of more than one drunk individual yet he did not consider calling for police or back-up. Was this also a sign of diminished mental capacity?
We will never know.
One thing we do know for certain is that LEO’s are human.
They drink alcohol.
They get drunk.
Some of them do get corrupted.
Was this the case here? We will never know.