Prosecutor will not pursue any further charges (assault).
 I know we were just talking about this, but can't remember in which thread.

So the glove didn't fit for a third time? 

So when is the Civil proceedings starting?   

If they wait much longer to sue, they'll have to go after his estate!   

I never expected another bite at the proverbial apple.  After the Kealoha mess, and Hawaii not getting convictions twice before, anything more would be viewed as malicious prosecution.  Not to mention the mere fact of raising the case again just makes the Hawaii Prosecutor's office look worse.

The courts already decided that Deedy had jeopardy attached to all his charges, because the lesser charge was tied to the higher one.  The rules say you can't keep pulling someone into court for the SAME CRIME using different charges.  That would create a perpetual process, where prosecutors could keep lowering the charges for a single act until one sticks.

I've seen where someone acquitted of attempted murder was then charged for murder after the victim died even though the attempted murder trial ended in acquittal.  That's because the crimes were different and not lesser charges of one another.  The defendant was not charged in the first trial with murder, so that's fair game.  Different crimes/outcomes = different trials.

In Deedy's case, he WAS charged with the lesser crime.  Just because the lesser charge ended in a hung jury makes no difference.  He's been tried, and there was no conviction on the main charges.  Double jeopardy should have halted any further attempts to send him to prison.

I'm very glad the Prosecutor finally got a clue.  Maybe the Rittenhouse case woke someone up over here.  Self defense is a viable claim even when the aggressor is unarmed.

#The justice system works

If anyone thinks the justice system taking 10 years to stop trying to convict a member of the State Department over something that's already gone to trial twice and lost is "working" needs to Wake TF Up.

Two years ago, the appeals court ruled Deedy could be tried a third time, but only for assault.

Why did it take another 2 years for the Prosecutor's office to announce they would not be retrying him?

Maybe because their own corrupt behaviors were diverting their time and attention?

If you watched the Rittenhouse trial, you'd see how broken the justice system is.  Liars testifying for the state not being charged with FELONY crimes they admitted to under oath, while someone RUNNING AWAY from attackers is tried for First-degree reckless homicide, use of a dangerous weapon among others.

The prosecution's own evidence and witnesses confirmed the shootings were in self defense.  Exculpatory evidence should have required that the charges be dropped.  Yet, the trial was convened.  Now we see the gross misconduct, unconstitutional behavior, and incompetence of the WI DA on full display.

There's no verdict yet, so to say "it works" is so insanely premature.

They tried to convict when they were wrong and never succeeded.  Seems like in the end the system worked.   

Same will happen for Kyle. 

They tried to convict when they were wrong and never succeeded.  Seems like in the end the system worked.   

Same will happen for Kyle.

10 years of being dragged into court, paying for lawyers, and not being allowed to perform the duties he was trained for at State.

That's your idea of justice?  He's not been convicted of anything, but he's had to put plans and a career on hold for 10 years while being vilified by the Hawaii Prosecutor.

He's had to serve 10 years of his life in constant stress, legal expenses and turmoil, yet he hasn't been convicted of a single crime.

This is why innocent people plead guilty -- to make the government stop torturing them.

10 years of being dragged into court, paying for lawyers, and not being allowed to perform the duties he was trained for at State.

That's your idea of justice?  He's not been convicted of anything, but he's had to put plans and a career on hold for 10 years while being vilified by the Hawaii Prosecutor.

He's had to serve 10 years of his life in constant stress, legal expenses and turmoil, yet he hasn't been convicted of a single crime.

This is why innocent people plead guilty -- to make the government stop torturing them.

Dont forget passed up on any promotions. Same will happen to Kyle for future jobs he applies for. I doubt he will be a police officer like how he planned on.

Understanding the justice system is hard.

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Dont forget passed up on any promotions. Same will happen to Kyle for future jobs he applies for. I doubt he will be a police officer like how he planned on.

Understanding the justice system is hard.

Understanding the difference between justice and malicious prosecution is harder.

10 years of being dragged into court, paying for lawyers, and not being allowed to perform the duties he was trained for at State.

That's your idea of justice?  He's not been convicted of anything, but he's had to put plans and a career on hold for 10 years while being vilified by the Hawaii Prosecutor.

He's had to serve 10 years of his life in constant stress, legal expenses and turmoil, yet he hasn't been convicted of a single crime.

This is why innocent people plead guilty -- to make the government stop torturing them.

It's not a perfect system but it proves that unlike China or similar county even if the prosecutors or government wants an outcome the justice system will prevail.  It's a sheild against corruption.   

It's not a perfect system but it proves that unlike China or similar county even if the prosecutors or government wants an outcome the justice system will prevail.  It's a sheild against corruption.

I was unaware that our system is only to be judged by whether or not it works better than similar systems in oppressive Communist countries with no civil rights at all.

#LowBarsAreEasierToReach

I was unaware that our system is only to be judged by whether or not it works better than similar systems in oppressive Communist countries with no civil rights at all.

#LowBarsAreEasierToReach

#atleastyouknowhowtohashtag

You (meaning everybody) decide if he’s guilty of a crime or not.
He’s guilty, IMO.
Talk about provocation.
Elderts might have been a punk and lipping off, but anyone whose has time here knows if you’re going confront that guy you better be ready to throw.
Elderts does what any drunk punk local would do. He gets up and steps in. Fight ensues. Elderts kicks Deedy’s ass. Deeds shoots him.
Nobody in Hawaii generally carries especially not tourists. Which is what Deedy looked like.
Deedy called him, he stepped up, they went up and up, got smashed and killed him. Elderts wasn’t committing any crime.

Prosecutor’s messed up not including the lesser crime in the first trial and swinging for the fence.
Just my opinion.

U left out he ID'd himself prior to the fight starting.

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You (meaning everybody) decide if he’s guilty of a crime or not.
He’s guilty, IMO.
Talk about provocation.
Elderts might have been a punk and lipping off, but anyone whose has time here knows if you’re going confront that guy you better be ready to throw.
Elderts does what any drunk punk local would do. He gets up and steps in. Fight ensues. Elderts kicks Deedy’s ass. Deeds shoots him.
Nobody in Hawaii generally carries especially not tourists.
Deedy called him, went up and up, got smashed and killed him. Elderts wasn’t committing any crime.

Prosecutor’s messed up not going the lesser crime in the first trial and swinging for the fence.
Just my opinion.

Guilty?  Of what charge?  He was ACQUITTED by a HAWAII JURY of MURDER.  They deadlocked on Manslaughter.

Since you weren't in court, you have no idea what evidence the juries used to decide the case.

It's nice to have an opinion, but it should be based on more than a grainy video and some macho BS about people getting their asses kicked.  How'd that work out for Elderts?

Deedy identified himself as a federal agent.  Elderts should have backed down.  He brought a pair of bare hands to a gun fight. 

He won't ever do that again!

You (meaning everybody) decide if he’s guilty of a crime or not.
He’s guilty, IMO.
Talk about provocation.
Elderts might have been a punk and lipping off, but anyone whose has time here knows if you’re going confront that guy you better be ready to throw.
Elderts does what any drunk punk local would do. He gets up and steps in. Fight ensues. Elderts kicks Deedy’s ass. Deeds shoots him.
Nobody in Hawaii generally carries especially not tourists. Which is what Deedy looked like.
Deedy called him, he stepped up, they went up and up, got smashed and killed him. Elderts wasn’t committing any crime.

Prosecutor’s messed up not including the lesser crime in the first trial and swinging for the fence.
Just my opinion.

That's the root cause. Deedy ID as LE and Elderts did not descalate. Elderts escalated to physical force instead of compliance and Deedy found himself in a situation where he may have expired.

No audio.
That’s the debatable part.
But ID’d himself for what ? State Dept. gonna arrest a local for drunk and disorderly? Or just throw his weight around in moral righteousness ? (Nothing wrong with moral righteousness.)
This is one where he could’ve called the cops. Waikiki. One minutes away. No one was getting assaulted pre-incident. Wasn’t a when seconds are needed cops are minutes away scenario before Deedy got involved.

https://www.civilbeat.org/2013/08/19704-deedy-trial-whats-a-murderer-look-like/

That was not a good shoot in my view.
Elderts was being a dick to multiple customers but was definitely provoked into a confrontation with Deedy.

And this was not a Rittenhouse situation where he tried to avoid confrontation and got attacked.

Where's Al Sharpton?

No audio.
That’s the debatable part.
But ID’d himself for what ? State Dept. gonna arrest a local for drunk and disorderly? Or just throw his weight around in moral righteousness ? (Nothing wrong with moral righteousness.)
This is one where he could’ve called the cops. Waikiki. One minutes away. No one was getting assaulted pre-incident. Wasn’t a when seconds are needed cops are minutes away scenario before Deedy got involved.

https://www.civilbeat.org/2013/08/19704-deedy-trial-whats-a-murderer-look-like/

That was not a good shoot in my view.
Elderts was being a dick to multiple customers but was definitely provoked into a confrontation with Deedy.

And this was not a Rittenhouse situation where he tried to avoid confrontation and got attacked.

You really want to debate the same topic from 10 years ago now that it's over?

Really?

Sometimes a person disrespects the wrong hombre.

Occassionally someone thinks they can mess with someone and unfortunately, this is the result.

My advice is STFU and walk away.

A big mouth and puffed up chest doesn't get you anywhere.

But some people need to learn this lesson the hard way.

You really want to debate the same topic from 10 years ago now that it's over?

Really?

Yeah. It’s actually a very interesting case if you followed it.
Prosecutor screwed up first trial with charges.
Lots of testimony both ways about ID and key witness saying never felt threatened by Elderts.

Did he ID himself ?
That was debated at trial. He claims it’s on video. Hard to tell. As Flapp pointed out grainy and herky jerky. Conflicting witness reports.
But I guess y’all now trust law enforcement. ( snide remark)

CCW…would you (meaning everyone) have got involved ? (Granted as a citizen)
Knowing you might have to pull on this guy who is mouthing off to others, but not threatening anyone, and that you’re about to confront ?
Plus all my other comments above. (The video was just a short example from the news that they edited.)

That said. Did Elderts play a stupid game ? Absolutely.