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Six years later, HI Supreme Court says State can prosecute Deedy a 3rd time (Read 24611 times)

aieahound

Re: Six years later, HI Supreme Court says State can prosecute Deedy a 3rd time
« Reply #20 on: December 16, 2017, 12:55:35 AM »
Check the prior threads. Was it a justified shoot?  Could be yes, could be no.
(There's choke video)
It's our worst case scenario against CCW.

If a trained officer goes into McDonalds after a night of bar hopping, encounters a punk, basically calls the punk out and draws on the punk after taking lickin's and kills him, what do you think our chances of local CCW are?

I'm not sayin' it was right or wrong. Mishandled by the prosecutor. Definitely. Mishandled by HPD. Definitely.
(What's the tox screen on Deedy?)

Why not a third trial? No verdict in first 2.

Do I know the facts ? No. I wasn't there.
Just asking questions.
« Last Edit: December 16, 2017, 01:11:08 AM by aieahound »
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RSN172

Re: Six years later, HI Supreme Court says State can prosecute Deedy a 3rd time
« Reply #21 on: December 16, 2017, 06:45:32 AM »
If I carried a firearm I would also carry insurance like USCCA and others offer.
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Happily living in Puna

changemyoil66

Re: Six years later, HI Supreme Court says State can prosecute Deedy a 3rd time
« Reply #22 on: December 16, 2017, 09:55:50 AM »
Quote from: RSN172 on December 16, 2017, 06:45:32 AM
If I carried a firearm I would also carry insurance like USCCA and others offer.
Should buy that anyways. Nra carry guard got better

Sent from my SM-G920V using Tapatalk

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Flapp_Jackson

Re: Six years later, HI Supreme Court says State can prosecute Deedy a 3rd time
« Reply #23 on: December 16, 2017, 10:47:12 AM »
Quote from: RSN172 on December 16, 2017, 06:45:32 AM
If I carried a firearm I would also carry insurance like USCCA and others offer.

In HI, you'll be better off with some form of CCW insurance if you have to defend yourself in your own home.  You will be arrested, and if you tell the Cops you want to speak to a lawyer before answering anymore questions, who's paying for that?  If you qualify for a public defender, it could delay your release waiting on one to see you before arraignment.  And how confident are you that defender has any experience defending DGU cases?

It's better to have a professional group you can call when arrested to walk you through what to do and say, recommend a qualified lawyer, and pay the retainer for you.They can also provide bail so you aren't sitting in jail waiting for your family to raise the cash.

If/when the bad guy or his survivors sue you civilly, the policy provides legal fee and liability coverage.  It covers you, your spouse and anyone in your home you allow to have access to your firearms (depending on the insurance policy you choose).

NRA Carry Guard:

Quote
It also includes supplementary payments as needed for bail, criminal defense legal retainer fees, lawful firearm replacement,
compensation while in court, psychological support and cleanup costs for any covered claim resulting from the use of a legally
possessed firearm—including an act of self-defense.
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The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

eyeeatingfish

Re: Six years later, HI Supreme Court says State can prosecute Deedy a 3rd time
« Reply #24 on: December 16, 2017, 07:55:38 PM »
Quote from: macsak on December 15, 2017, 08:33:07 PM
no one suggested that double jeopardy applies...

Reread the initial post then come back. In fact it is in the very second line, Deedy's attorney suggested it.
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eyeeatingfish

Re: Six years later, HI Supreme Court says State can prosecute Deedy a 3rd time
« Reply #25 on: December 16, 2017, 08:00:02 PM »
Quote from: Flapp_Jackson on December 15, 2017, 09:27:29 PM
So, do you know what the medical examiner testified to as to Elderts' tox screen?  If you did, then your characterizations of "an aggressive person" isn't entirely accurate.  In fact, it's downplaying the truth.

The toxicology said he had alcohol, marijuana, and cocaine in his system. I didn't see specifics as to what concentrations but I don't think we can conclude that he was not likely aggressive based on those results.
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macsak

Re: Six years later, HI Supreme Court says State can prosecute Deedy a 3rd time
« Reply #26 on: December 16, 2017, 08:02:42 PM »
Quote from: eyeeatingfish on December 16, 2017, 08:00:02 PM
The toxicology said he had alcohol, marijuana, and cocaine in his system. I didn't see specifics as to what concentrations but I don't think we can conclude that he was not likely aggressive based on those results.

I don't think we can conclude that he was likely aggressive based on those results.
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Flapp_Jackson

Re: Six years later, HI Supreme Court says State can prosecute Deedy a 3rd time
« Reply #27 on: December 16, 2017, 09:52:10 PM »
Quote from: eyeeatingfish on December 16, 2017, 08:00:02 PM
The toxicology said he had alcohol, marijuana, and cocaine in his system. I didn't see specifics as to what concentrations but I don't think we can conclude that he was not likely aggressive based on those results.

Quote
Dr. De Alwis also performed toxicology tests on Elderts that showed significant amounts of cocaine, marijuana, and alcohol in his system.

Significant amounts
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The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

TastesLikeMetal

Re: Six years later, HI Supreme Court says State can prosecute Deedy a 3rd time
« Reply #28 on: December 16, 2017, 10:23:11 PM »
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Heavies

Re: Six years later, HI Supreme Court says State can prosecute Deedy a 3rd time
« Reply #29 on: December 17, 2017, 06:25:24 AM »
Maybe if they keep trying him they can get him on a traffic violation or a parking ticket.
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robtmc

Re: Six years later, HI Supreme Court says State can prosecute Deedy a 3rd time
« Reply #30 on: December 17, 2017, 11:12:53 AM »
Quote from: Flapp_Jackson on December 16, 2017, 09:52:10 PM
Significant amounts
So, what did Deedy have in him? 
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ren

Re: Six years later, HI Supreme Court says State can prosecute Deedy a 3rd time
« Reply #31 on: December 17, 2017, 12:12:00 PM »
We keep hearing of how Deedy drank but we dont hear as much of the deceased being on illegal drugs. Not one but several. So much bias in the media. "He was a local" "He was a good guy"
I guess our standards of being a "good" person has reached its lows.
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Deeds Not Words

pj_benn

Re: Six years later, HI Supreme Court says State can prosecute Deedy a 3rd time
« Reply #32 on: December 17, 2017, 02:01:49 PM »
Quote from: ren on December 17, 2017, 12:12:00 PM
We keep hearing of how Deedy drank but we dont hear as much of the deceased being on illegal drugs.

is the deceased on trial for murder/manslaughter?
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Flapp_Jackson

Re: Six years later, HI Supreme Court says State can prosecute Deedy a 3rd time
« Reply #33 on: December 17, 2017, 02:10:09 PM »
Quote from: pj_benn on December 17, 2017, 02:01:49 PM
is the deceased on trial for murder/manslaughter?

On trial?  No, not charged.  But Deedy's defense requires a full accounting of what Eldert's did leading up to the shooting. 

Anything Eldert's did that may have impaired his judgement is relevant.
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The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

Flapp_Jackson

Re: Six years later, HI Supreme Court says State can prosecute Deedy a 3rd time
« Reply #34 on: December 17, 2017, 02:15:01 PM »
Quote from: robtmc on December 17, 2017, 11:12:53 AM
So, what did Deedy have in him?

He admitted to having beer, but refused the breathalyzer when booked.  No one obtained a warrant for a blood draw, so no test to determine BAC was ever done.

Hence, there is no evidence that Deedy was drunk at that time.

Quote
The degree to which alcohol affected Deedy has been a key issue with police and McDonald’s customers testifying
Deedy was drunk or appeared to be drunk. But a emergency room doctor testified Deedy did not appear to be intoxicated.

http://www.staradvertiser.com/2013/07/31/hawaii-news/detective-assumed-police-would-test-deedys-blood-alcohol-level/
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The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

ren

Re: Six years later, HI Supreme Court says State can prosecute Deedy a 3rd time
« Reply #35 on: December 17, 2017, 02:34:29 PM »
The deceased appears to have been the aggressor. He was antagonizing other patrons prior to Deedy IDing himself. No one should have been killed but no one should be posing as a threat to anyone else either.
« Last Edit: December 17, 2017, 03:03:49 PM by ren »
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Deeds Not Words

eyeeatingfish

Re: Six years later, HI Supreme Court says State can prosecute Deedy a 3rd time
« Reply #36 on: December 17, 2017, 02:56:11 PM »
Quote from: macsak on December 16, 2017, 08:02:42 PM
I don't think we can conclude that he was likely aggressive based on those results.

I made that statement based of witnesses who stated Elderts was being confrontational.
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pj_benn

Re: Six years later, HI Supreme Court says State can prosecute Deedy a 3rd time
« Reply #37 on: December 17, 2017, 06:17:58 PM »
Quote from: Flapp_Jackson on December 17, 2017, 02:10:09 PM
On trial?  No, not charged.  But Deedy's defense requires a full accounting of what Eldert's did leading up to the shooting. 

Anything Eldert's did that may have impaired his judgement is relevant.

he asked why, in his opinion, he felt like deedy being drunk keeps being brought up and not so much elderts having drugs in his system. I was giving a reason. I never said it didn't matter to the case
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pj_benn

Re: Six years later, HI Supreme Court says State can prosecute Deedy a 3rd time
« Reply #38 on: December 17, 2017, 06:18:41 PM »
Quote from: ren on December 17, 2017, 02:34:29 PM
The deceased appears to have been the aggressor. He was antagonizing other patrons prior to Deedy IDing himself. No one should have been killed but no one should be posing as a threat to anyone else either.

deedy never id himself
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macsak

Re: Six years later, HI Supreme Court says State can prosecute Deedy a 3rd time
« Reply #39 on: December 17, 2017, 07:59:59 PM »
Quote from: eyeeatingfish on December 17, 2017, 02:56:11 PM
I made that statement based of witnesses who stated Elderts was being confrontational.

your post, verbatim
"The toxicology said he had alcohol, marijuana, and cocaine in his system. I didn't see specifics as to what concentrations but I don't think we can conclude that he was not likely aggressive based on those results."

toxicology...concentrations...based on those results...
nowhere do I see you mention "statement based of witnesses" (whatever that means)
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