Deedy Trial - Injustice? (Read 238120 times)

Q

>:D
« Reply #100 on: July 12, 2013, 12:19:59 PM »
 >:D
« Last Edit: September 09, 2016, 10:46:49 PM by Q »

Jl808

Deedy Trial - Injustice?
« Reply #101 on: July 12, 2013, 12:32:27 PM »
Here's what I don't understand....

If Deedy is "LEO", then we should look at his actions to the standards that we would expect of a LEO.  If he has LEO powers on duty and off duty 24 hours, he should be fit for duty 24 hours too. That's what you would expect of a LEO right?  Someone going bar hopping and drunk (was he?) should not be acting LEO that night.

Where was his LEO ID?  What is involved in identifying yourself as a LEO?  If some tourist in shorts and shirt came up to me and said he was arresting me, I wouldn't believe him unless he looked the part and showed some ID.  Wouldn't you have to show your badge?

What was the SOP for reviewing a LEO use of deadly force?  Did he undergo the same process?  If he was acting as a LEO that night, he should have gone through such a process. If not, he was not a LEO that night unless someone didn't do their job right.

Of course, this is all up to the court and jury.
« Last Edit: July 12, 2013, 01:23:16 PM by Jl808 »
I think, therefore I am armed.
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The United States Constitution © 1791. All Rights Reserved.

aieahound

Re: Deedy Trial - Injustice?
« Reply #102 on: July 12, 2013, 12:55:09 PM »
Yep.....and what's breathtaking is how the prosecution uses the race card AGAINST DEEDY!  The mental gymnastics is breathtaking:   saying 'f'ing haole' does not make ELDERTS racist, but deedy being legitimately advised of such racism, makes HIM racist! 

Everything I've read indicates that's Elderts was the racist/prejudiced one and nothing has indicated Deedy was. Just that he was warned about Hawaii's ingrained prejudice.

What about Finkelstein's, the other federal agent advising Deedy of Hawaii's prejudice against fed agents and mainlanders, testimony that he cautioned Deedy to stay away from certain places at night due to this and Deedy replied that he would be armed.

Of course we're just getting piecemeal info.

Remember a few years back, when the 'white' sheriff was shot by the local guy, who had an illegal firearm? I find it interesting that case never garnered this much local publicity, nor did I see any of the people 'demanding justice' when a when the white guy was shot. It's evident that there is extreme prejudice, as well as underlying racial issues, in regards to deedy's case.

The guy who shot the Deputy Sheriff with the illegally obtained firearm was sentenced to 95 years minimum term ( if my math's correct) , as terms on all counts were to run consecutively.
We won't see him again.

BLKDRGN

Re: Deedy Trial - Injustice?
« Reply #103 on: July 12, 2013, 01:07:19 PM »
"Finkelstein is Einhorn, Einhorn is Finkelstein"
Google it cause every question is a dumb question.

Funtimes

Re: Deedy Trial - Injustice?
« Reply #104 on: July 12, 2013, 01:33:07 PM »
If Deedy is "LEO", then we should look at his actions to the standards that we would expect of a LEO.  If he has LEO powers on duty and off duty 24 hours, he should be fit for duty 24 hours too.   That's junk imo. How would that even be possible?  You don't lose your powers every time you crack a Heineken.  Even in the Navy, we are "on duty" and people drink then too.  On Canadian warships they have beer limits per day.

No, you should not have to be fit for duty 24 hours a day.[/b]That's what you would expect of a LEO right? Maybe that's what you expect, but I would wholeheartedly disagree. 
Someone going bar hopping and drunk (was he? For Deedy's sake, they don't know, as he was smart enough to refuse all testing. ) should not be acting LEO that night.  Do you really think cops don't drink? Come on man - that is such a dreamed up thought.  They drink all the time. Do they get shitfaced? We hope not.  But most of them are still probably not far away from a gun. Just because your drinking, doesn't mean you stop being a LEO.  Let's say you are coming from zanza bar and you witness a rape, are you saying don't intervene because you had a few mai tais?

Check out the Hawaii Defense Foundation.
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Posts are not legal advice & are my own, unless said so.

Jl808

Deedy Trial - Injustice?
« Reply #105 on: July 12, 2013, 01:36:23 PM »
Yes you're right. At some point though, one becomes unfit for duty if judgment becomes impaired. Isn't that why they say not to mix alcohol and firearms? Being a LEO doesn't make one immune from intoxicants.

As for the Navy, isn't that why alcohol got replaced with coffee and monster drink?

Whether cops drink or not isn't really the question. The question is, does the fact they do make it right?  No, it doesn't.

Cops and other public figures are supposed to be upheld to a higher standard. It's about up keeping the public trust that they swore an oath to when they chose to serve.
« Last Edit: July 12, 2013, 01:44:22 PM by Jl808 »
I think, therefore I am armed.
NRA Life Patron member, HRA Life member, HiFiCo Life Member, HDF member

The United States Constitution © 1791. All Rights Reserved.

GZire

Re: Deedy Trial - Injustice?
« Reply #106 on: July 12, 2013, 01:54:53 PM »
I agree, we need to hear the whole story.

It'll be interesting to hear what law Elderts was breaking that required LEO intervention.  Other than being a dick. He was sitting at a table when approached.

He didn't appear violent in the video when Deedy approached him. While his girlfriend was trying to pull Deedy away.
Why not tell him to get his ass on the ground and put his hands behind his back. credentials and gun out, until HPD arrives if he was breaking the law ?
Did he tell anyone to call 911 after being assaulted and knocked on his ass ? ...........

One could make a case for;
1. Terroristic threatening
2. Drunk and disorderly
3. Failure to comply (if Deedy identified himself)
if LEOs want to detain/question you there are a lot of things that they can bring up.  Don't mistake this for someone actually being charged, but it could get you handcuffed, arrested, etc.

mnpfamily

Re: Deedy Trial - Injustice?
« Reply #107 on: July 12, 2013, 01:55:46 PM »

There needs to be a distinction between a private citizen with CCW and and LEO carrying.  Not the same thing.

A private citizen can walk away and LEO may not be able to walk away.  Again video is bad, there's no audio, and eyewitnesses are notoriously inaccurate so we don't know for sure what was said and when it was said.

GZire, thanks for pointing that out, I did lose sight of the fact that a private citizen could have walked away from the incident whereas an LEO actually may have a "duty to act".  While I agree there needs to be a distinction  between citizen CCW and LEO carrying off duty, I would like to think the same general guidelines regarding firearm safety would apply, such as drinking/partying while carrying a firearm is generally not a real good idea.  I would like to think that because an LEO may have a legal "duty to act" this would in some ways be even more important if the individual is an LEO.  I'm not saying off-duty LEOs shouldn't drink, just wondering what their procedures are regarding carrying firearms in that situation.  Problem is, there may not be any BAC results to prove one way or another as he allegedly refused the test.  If he wasn't impaired, why not submit to the test?

Funtimes

Re: Deedy Trial - Injustice?
« Reply #108 on: July 12, 2013, 01:57:32 PM »
If he wasn't impaired, why not submit to the test?

Because he has a constitutional right to not incriminate himself? Let's say he did have one - of those nine drinks.  Would that sufficiently impair him? I would say the answer to that depends on your bartender.  However, even if he took it and blew like .04 - people wil still ruffle their feathers.

When an individual is in trouble, we never, ever, want to assist the other side.  You can say what you want, but until you start pulling yourself over for hitting 56 on the freeway - and send in a $100 check to the State -- I just don't see where a normal person would ever want to help the other side punish them.  This applies to DUI, speeding, fraud, murder - whatever crime you want to think of.  Put yourselves in their shoes. Would you want to go to prison?

Check out the Hawaii Defense Foundation.
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Defender of the Accused in Arkansas Courts
Posts are not legal advice & are my own, unless said so.

GZire

Re: Deedy Trial - Injustice?
« Reply #109 on: July 12, 2013, 01:59:21 PM »
Yes you're right. At some point though, one becomes unfit for duty if judgment becomes impaired. Isn't that why they say not to mix alcohol and firearms? Being a LEO doesn't make one immune from intoxicants.

As for the Navy, isn't that why alcohol got replaced with coffee and monster drink?

Whether cops drink or not isn't really the question. The question is, does the fact they do make it right?  No, it doesn't.

Cops and other public figures are supposed to be upheld to a higher standard. It's about up keeping the public trust that they swore an oath to when they chose to serve.
I'll put another argument forth.  If an LEO is expected to be fit 24 hours a day then that means they must never sleep correct? 

Just like statistics, politicians, and lawyers...........it's all about how things are spun to the crowd.  Typically the weak minded are swayed easily..................[those aren't the droids you are looking for]

GZire

Re: Deedy Trial - Injustice?
« Reply #110 on: July 12, 2013, 02:02:31 PM »

mnpfamily

Re: Deedy Trial - Injustice?
« Reply #111 on: July 12, 2013, 02:29:51 PM »
Because he has a constitutional right to not incriminate himself? Let's say he did have one - of those nine drinks.  Would that sufficiently impair him? I would say the answer to that depends on your bartender.  However, even if he took it and blew like .04 - people wil still ruffle their feathers.

When an individual is in trouble, we never, ever, want to assist the other side.  You can say what you want, but until you start pulling yourself over for hitting 56 on the freeway - and send in a $100 check to the State -- I just don't see where a normal person would ever want to help the other side punish them.  This applies to DUI, speeding, fraud, murder - whatever crime you want to think of.  Put yourselves in their shoes. Would you want to go to prison?

I see your point, and will agree that refusing the test probably was in his best interest if he had been drinking.  The thing is, should he have been carrying if he had been drinking?  There's more to this situation that bothers me, but like most of us, the only info I have to form a judgment is what we get from the media.

aieahound

Re: Deedy Trial - Injustice?
« Reply #112 on: July 12, 2013, 02:33:36 PM »
One could make a case for;
1. Terroristic threatening
2. Drunk and disorderly
3. Failure to comply (if Deedy identified himself)
if LEOs want to detain/question you there are a lot of things that they can bring up.  Don't mistake this for someone actually being charged, but it could get you handcuffed, arrested, etc.

1. Witness ( skinny jeans hipster )  says he didn't feel threatened and didn't ask for help.  If it was terrostic threatening, arrest should have been made right there. No complainant though.
2. How disorderly can you be siting at a table ? And if he was deemed drunk and disorderly, arrest should have been made right there. Heck, should have been made before he sat down.
3. Failure to comply with what. Did Deedy thell him Shut the F Up and he didn't listen ? We don't see any ID come out at that point in the video.  Although he could have ID'd himself. Who would believe a guy who just tells you he's a "special agent".

Handcuffed. Yup. Arrested. Yup. Called out to beef and Shot ?   
Deedy never detained him, it appears he provoked him. No reports of him calling for HPD, who's on every block in Waikiki. Could have stepped out the door and literally yeld for HPD. ( Maybe not literally but you get the picture. )
Heck, as far as I know HPD can hold you for 48 hours without charges. ( I could be wrong though and you could possibly sue them for wrongful detainment ) 

Can't wait for the defense to present their case. This thread will get interesting.  :shaka:

Jl808

Re: Deedy Trial - Injustice?
« Reply #113 on: July 12, 2013, 02:34:39 PM »

I'll put another argument forth.  If an LEO is expected to be fit 24 hours a day then that means they must never sleep correct? 

Yes I agree with you... It is an absurd expectation.

And you just made a point that it is absurd to expect a LEO to be fit for duty 24x7... especially if one had been drinking.
I think, therefore I am armed.
NRA Life Patron member, HRA Life member, HiFiCo Life Member, HDF member

The United States Constitution © 1791. All Rights Reserved.

aieahound

Re: Deedy Trial - Injustice?
« Reply #114 on: July 12, 2013, 02:39:41 PM »
Because he has a constitutional right to not incriminate himself? Let's say he did have one - of those nine drinks.  Would that sufficiently impair him? I would say the answer to that depends on your bartender.  However, even if he took it and blew like .04 - people wil still ruffle their feathers.

When an individual is in trouble, we never, ever, want to assist the other side.  You can say what you want, but until you start pulling yourself over for hitting 56 on the freeway - and send in a $100 check to the State -- I just don't see where a normal person would ever want to help the other side punish them.  This applies to DUI, speeding, fraud, murder - whatever crime you want to think of.  Put yourselves in their shoes. Would you want to go to prison?

Hawaii has a law that can require a mandatory blood test for alcohol/drugs in a fatal car accident but not in a fatal shooting.
It would be interesting if someone invoked their 5th amendment right in fatal car crash with suspected negligent homicide.

Jl808

Deedy Trial - Injustice?
« Reply #115 on: July 12, 2013, 02:47:31 PM »
Double post.
I think, therefore I am armed.
NRA Life Patron member, HRA Life member, HiFiCo Life Member, HDF member

The United States Constitution © 1791. All Rights Reserved.

Funtimes

Re: Deedy Trial - Injustice?
« Reply #116 on: July 12, 2013, 02:49:33 PM »
Hawaii has a law that can require a mandatory blood test for alcohol/drugs in a fatal car accident but not in a fatal shooting.
It would be interesting if someone invoked their 5th amendment right in fatal car crash with suspected negligent homicide.

I could see a similar law for individuals involved in a suspected homicide / murder etc. It's currently not the case though; also, driving is a privilege  - so you consent to some things off the bat.

Could they institute a "you will be blood tested if you are suspected of using your firearm in a defensive or offensive manner."  I think they could get away with it.
Check out the Hawaii Defense Foundation.
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Posts are not legal advice & are my own, unless said so.

mnpfamily

Re: Deedy Trial - Injustice?
« Reply #117 on: July 12, 2013, 02:50:18 PM »
Hawaii has a law that can require a mandatory blood test for alcohol/drugs in a fatal car accident but not in a fatal shooting.
It would be interesting if someone invoked their 5th amendment right in fatal car crash with suspected negligent homicide.

I was wondering about that, but is it mandatory in the sense that they can take a blood sample even if you refuse to provide?  Or is it like refusing to submit to a BAC after a DUI arrest where you basically foreit your license for a period of time?

Funtimes

Re: Deedy Trial - Injustice?
« Reply #118 on: July 12, 2013, 02:56:06 PM »
I was wondering about that, but is it mandatory in the sense that they can take a blood sample even if you refuse to provide?  Or is it like refusing to submit to a BAC after a DUI arrest where you basically foreit your license for a period of time?

It could be done by force.  Some departments have a chair.

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Posts are not legal advice & are my own, unless said so.

Aiea78

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Re: Deedy Trial - Injustice?
« Reply #119 on: July 12, 2013, 03:17:54 PM »
Forget hipster dude he was sitting down after ordering and no part of the physical altercation.  There was some words that's why everybody crowded around there but he sitting down the whole time until ran to hide behind the counter.  His reaction after the shoots is chilling, the horror of what just happen.  I think b.s. he doesn't remember what happened but it is what it is.

But who is the guy in the black top, blue shorts that was fighting with Elderts by the garbage can???  There's the key. What predicated that!?  At 4:14 in the first video segment Elderts got him around neck (good position to deliver a knee btw) that when all this goes down and Deedy physically intervenes and is knocked to the ground.  Shit goes completely sideways from there.  Black top blue shorts guy walks in at 2:57 on video part 2, who dat?

Does this suck a@@ badly yes!  If Deedy was acting in police powers he should've showed his dang badge to begin with, called HPD whatever.  There was plenty chances to de-escalate by talking everybody down, hell they were smiling at the counter looks like it to me although probably at the expense of hipster. 

This fkg sucks all around. 
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