Thanks Jl,

That was a freakin' awesome recap.
 

What still seems odd to me is why the Supremacy Clause motion was withdrawn if everything occurred as Deedy and his lawyer claim. Must be some legal reason behind it, I'm assuming but I'm no lawyer.

"Hart argued that the case against his client should be dismissed based on the Supremacy Clause in the U.S. Constitution. Hart believes this provision protects his client from prosecution because he was acting in his official capacity as a law enforcement officer when he killed 23-year-old Kollin Elderts. Hart said the Supremacy Clause is different from a claim of self defense or justifiable use of force that is sometimes raised as a defense during trial. He said the reason it’s in place is to protect an officer from having to “run the gauntlet of standing trial”.

He also noted that it’s within a judge’s job description to make a ruling on a supremacy clause motion because it can act as “a substantial safeguard against frivolous or vindictive charges against federal officers.” Issues that are constitutional in nature, such as the application of the Supremacy Clause immunity defense for a federal agent, are, by their very nature, questions of law within a judge’s domain,” Hart said".

The Supremacy Clause motion was filed in May. Ahn redacted large swaths of the document and sealed its exhibits. Hart ended up withdrawing this motion.

What still seems odd to me is why the Supremacy Clause motion was withdrawn if everything occurred as Deedy and his lawyer claim. Must be some legal reason behind it, I'm assuming but I'm no lawyer.

"Hart argued that the case against his client should be dismissed based on the Supremacy Clause in the U.S. Constitution. Hart believes this provision protects his client from prosecution because he was acting in his official capacity as a law enforcement officer when he killed 23-year-old Kollin Elderts. Hart said the Supremacy Clause is different from a claim of self defense or justifiable use of force that is sometimes raised as a defense during trial. He said the reason it’s in place is to protect an officer from having to “run the gauntlet of standing trial”.

He also noted that it’s within a judge’s job description to make a ruling on a supremacy clause motion because it can act as “a substantial safeguard against frivolous or vindictive charges against federal officers.” Issues that are constitutional in nature, such as the application of the Supremacy Clause immunity defense for a federal agent, are, by their very nature, questions of law within a judge’s domain,” Hart said".

The Supremacy Clause motion was filed in May. Ahn redacted large swaths of the document and sealed its exhibits. Hart ended up withdrawing this motion.

They have other motions pending CA9 I believe.

I know if you try and touch me, I react a certain way from a martial arts stand point; (unless you're a beautiful woman) don't see how this can be any different from someone with CCW training.

That's why we train, so when bad things happen, we can react accordingly. 

They have other motions pending CA9 I believe.

I'm a real layman here...what is CA9?

Thanks Jl,

That was a freakin' awesome recap.
 

+1
From what I did see today, it appeared Deedy was caught completely off guard when Elderts didn't back down to the "I'm a cop" talk, and then things took a turn for the worst. That's provided Deedy did identify himself and show his credentials as he says he did. Hard to tell from the videos I seen but I didn't see all of them either.

.

I'm a real layman here...what is CA9?

that would be "Court of Appeals 9th circuit" or the Ninth Circuit Court of Appeals.

Found this great video on pre assault indicators.

Thanks for the updates.
Appreciate it. 

that would be "Court of Appeals 9th circuit" or the Ninth Circuit Court of Appeals.

Got it...thx.

I was curious what a thousand-yard stare looks like:

http://en.wikipedia.org/wiki/Thousand-yard_stare
http://imgur.com/ZYYujMl
http://theonlinephotographer.typepad.com/the_online_photographer/2011/09/sept11.html
http://www.dailymail.co.uk/news/article-2300251/Syrian-boy-soldier-thousand-yard-stare-Sad-image-child-aged-SEVEN-gun.html

Deedy testimony day 2 - LIVE feed.

http://www.kitv.com/news/hawaii/live-deedy-takes-the-stand/-/8905354/21354354/-/o2v6psz/-/index.html

They haven't started yet but probably soon.

At 9:19am, Start of day 2 testimony:

Deedy testimony of video timestamp:
2:41:42 cam 2 (cashier): Gutawski (wearing the hat)
2:41:54 cam 2: After kick, Elderts got more enraged and tries to come in.  Other people (Byrd, a girl, and Gutawski) tried to hold Elderts back.  Deedy wasn't sure what Jessica was doing as he was focused on Elderts.  Adam said "hey cool it, cool it." as Elderts was coming at Deedy 
2:42:00 cam 2: Elderts put his hand on Adam's chest.  Elderts grabbed Adam and hit him on his temple.

2:41:54: When Adam got hit, he stumbled back and hit the door frame.  Prosecution objects but barely audible.

2:41:53: Deedy looking at Adam Gutawski (black) and Elderts (plaid shirt).  After their contact, they were holding to each other.  Elderts hit Adam on head. 
2:41:54: Adam stumbled back to the door area.  Adam's body stopped when he hit the door frame area of the glass door.
2:41:59: Adam stumbled forward and Shane Medeiros and rush to make contact with Adam.  Like a tackle.  Deedy was watching.
2:42:09: Deedy stepped forward and was attacked by Elderts.  Deedy was looking at Adam and did not see Elderts.  He got hit hard and fast like a spear tackle.  He got driven to the air, landed on the floor and hit his head.
2:42:00: His feet were in the air.  His training told him that being on the floor was the worst position for an officer to be on.  His training taught that when on the floor, rise as soon as possible, get your weapon and issue commands.
2:42:00: He was struggling to get on his feet.  He looked towards the door.  Adam was on the floor getting kicked by Elderts and Medeiros.  He saw kicks landing and blood on the left side of Adam.  He had to do something to stop this.
He rose to his feet, both hands in front of him and said "Stop, I'll shoot."  Elderts turned towards Deedy and approached him.  Deedy drew his weapon and put his left palm forward.  He said "Freeze", completed the draw, held his gun as he was moving away.  Elderts continued moving forward.  Then they stood there.  Everything was silent.  Before Adam was hit, everything was chaotic.  At that moment, everything was silent and it looked like they were standing there for a long time.  Elderts looked at him and started going for his gun.
2:42:05: Elderts was approaching Deedy as Deedy moved away and offline to the left.
2:42:06: Elderts has reached Deedy, Deedy's hands against his chest.  He was almost completed drawing his gun from his holster.

"Everything was happening very quickly.  But it seemed like the longest period of the night."

2:42:08: "This was after I had drawn my weapon and fired it. I cannot tell what Mr. Elderts was doing."

At 9:38am, Deedy demonstrated the close quarters draw with an assailant in the room.  point shooting.  Establish grip on weapon, pull up, pivot,

2:42:07: At this timestamp, pivot was not quite complete yet. 

Training teaches that as soon as your arm is level in a close quarter draw, you can take your shot. 

2:42:08 cam 3 (kuhio ave): After the shot had been fired, this was after Elderts completed reach for gun and grabbed Deedy's wrist.
Elderts was holding to Deedy's wrist and pulling it towards him.

Defense asked: "Why did you not use any other options at this point."

Deedy said that Elderts had already assaulted Deedy twice at this point.  Dark blood on Adam Gutawski's head.  Deedy needed to stop the assault on Gutawski.  Knowing they intended to cause more harm, he had to use a level of force necessary to stop the situation.  Deedy did not have any other level of force to stop the deadly force being used against himself and against Gutawski.  They were kicking Adam on the head, which can result in serious bodily harm.   As he rose, he saw deadly force being used on Adam.  And as they turned to him, the way Elderts countered his kick and took him to the ground, and based on what Elderts said ("oh you have a gun, you'll need it, you'll need to shoot me first.").  Deedy with his assessment of the situation, being an injured officer alone, having had issued a warning, he had to use his gun.  He hoped and prayed that Elderts would stop but he didn't.

It was after this period that the first shot had been fired.  We are trained that if an assailant reaches for your weapon, whether it is in your hands or on your holster, that is a deadly force situation.  Fire your gun.

Deedy doesn't believe he hit Elderts with the first shot.

2:42:08: Pointed out Shane Medeiros, Jessica West and Adam Gutawski.  Elderts was moving to Deedy's right. 

When you fired the firearm, where did you come to know where the bullet went?  Objection by prosecution. 

Deedy explains that he had moved offline to create a tactical advantage and to move away from the other individuals.  He took the shot right where Elderts was as Elderts was moving to the right and there was nobody behind him. 

2:42:09: They were in silence.  He fired the gun, as he fired, Elderts was moving to his left.  His reach was able to contact Deedy's wrist and drove Deedy past the cashiers towards the area where the high chairs were.  Deedy was keeping the gun close to his body per his training.  As Elderts drove Deedy back, he drove him to the ground and got on top of him.   Elderts left hand was grasping Deedy's wrist. 

At 9:58am, Deedy points on the floor plan where he landed prone with his feet in the direction of Diamond Head.  Deedy hit his head when he landed.  Elderts was sitting on top of Deedy and delivering blows to his head.

At 10:00am, court takes a break.

At 10:21am, testimony resumes.

Video timelapse:
2:42:09: Deedy driven to the ground, Elderts on top of Deedy on a mounted position.  His left arm still on Deedy's wrist.  With the right arm, started punching Deedy on the face.
Deedy was trying to pull his gun to a position to take a shot.  Elderts hands came off Deedy's wrist.  Deedy took 2 shots.
Elderts started punching him again.  On the 2nd shot, Elderts hand was on the rear of Deedy's slide as it was cocking. 

"It was so vivid in my mind."  "I know it was just seconds, but to me, it seemed like minutes or hours.  After the 2nd shot, he stopped punching and just fell on top of me."

At 10:28am, defense attorney shows Exhibit 658, a photograph of the high chair area.  Deedy said that the photograph is not exactly as it was.  The toy display was moved over more towards the high chair area.  An officer moved the toy display.

Video timelapse:
2:42:22 angle 4: Deedy points out position of toy display.
2:42:04: toy display was in a different position.

At 10:32am, Deedy demonstrates how he falls backward.  He was falling hard, legs in air.  completely prone on ground.  firearm was more to the right.  left hand was raised above trying to grab Elderts to control him.  Deedy was trying to keep his head off the ground because getting blows to the head on the ground increases the damage.  As this was happening, Elderts was hitting Deedy on his face.  He's not sure where on the face.   Elderts was within Deedy's guard, not a full mount.

Elderts was swinging back and forth delivering right hand blows at his face on a guarded mount position.  As soon as Elderts took his hand off Deedy's wrist, Deedy took a shot, then at the second shot, Elderts had his hand on the gun.  After the second shot, he stopped and just came down on me.  "As soon as he stopped, I just laid down completely and closed my eyes."

Video timelapse:
2:42:11 cam 3 (kuhio): Elderts is slightly horizontal, slightly downward.  this is before the 2nd shot.  Elderts legs are completely vertical, body slightly backwards.
2:42:12: Elderts shirt is rising and exposing skin, arm is raised. 
2:42:23: Deedy's right green shirt, right arm, trying to extract himself from underneath Elderts. Trying to push up Elderts and slide out.
2:42:36: Deedy not sure what he is doing.  Sees Jessica West in side isle walking towards Deedy.  doesn't recall what Gutawski and Keene (pink shirt) were doing.

"After I closed my eyes, I felt all the tension and stress, it felt like an adrenaline dump.  I stayed there with my eyes closed and it felt like a really long time.  I looked up and saw the ceiling, and realized that I was alive."

2:43:30 cam 2 (cashier): Deedy was standing up from under Elderts, interacting with a few people, then walking over to his slippers and putting them on. 

"I don't know how to describe the feeling I had. I just rememebered walking, seeing my sandals on the floor, walking over to it then putting them on.  Then I snapped out of it and realized that my job here is not yet done.  I had to do my best and revive the person I just shot.  I saw Mr Elderts on the ground in a pool of blood."

Judge lectures defense attorney in not leading his own witness.  Ask "What would you do?" instead of "Did you go over there and performing aid as per your training?"

Deedy describes performing aid according to his training. 

Video timestamp:
2:43:31: Deedy is still standing and leaning over Elderts. 
2:44:34: Deedy was rendering aid and told people around him to call 911 and call police.  Tore open Elderts shirt.  Flipped him over to feel for an exit wound.  He tried to expose chest by ripping undershirt.

Shows phone video taken by a witness.  He had pulled out his knife to cut open the undershirt.  He wanted to expose the wound.  He fired 2 shots, he knew that 1 had hit him but not sure if 2 had hit him.  He was having difficulty tearing open his white T-Shirt.  He asked Mr Keene to help tear open his white t-shirt.  Deedy pulled out his knife to cut open the center of the white t-shirt.  Knife from his back left pocket.  He began cutting, but he wasn't able to cut the chest.  In the process of trying to cut the shirt, he realized that he had fully opened his chest and saw one wound.  He put down his knife at about 28 seconds in through the video.  He stopped trying to use his knife,

Judge lectures the defense attorney again about leading the witness. 

At 11:04, they continue showing the video and police arrives at the scene. 

At 1:15 sec: Deedy applies direct pressure into the wound.  MARCH (Massive Hemmorraging, Airway,
Massive Hemmorraging is the most important.  You have to stop the heavy bleeding because it will cause the person to expire.  Officer Naki approached him and Elderts, leaned down and asked "Where is the shot."  Deedy said "right here underneath my hands."  Then Officer Naki stepped away from Deedy.    Officer walks to the counter and asks for rags.  Officer starts to assists Deedy in applying pressure to stop the bleeding.  Then Officer Naki moves away, so Deedy puts pressure back in the wound again.  Officer Naki starts to check for vitals.  Deedy said that Elderts was still breathing at that point.  Officer Naki does not respond and starts walking around without acknowledging Deedy.  Deedy said he was a cop but Officer Naki was doing other things and was not acknowledging Deedy.

At 3:05 sec: Deedy bent over to check Eldert's breathing to see if he was breathing.  He still was.  Deedy describes that training is to speak to the person and sometimes maybe even hit them to try to keep the person from going unconscious.  Deedy was attempting to speak to Elderts: "Breath, breath" "Stay with me".  He didn't try to hit Elderts because his hands were on the wound.  Deedy wasn't sure what Officer Naki was doing.  He doesnt know where Naki went. 

At 3:24 sec: Deedy continued to hold pressure on the wound, try and shake him and continue to speak to Elderts.  "Breath breath, stay with me".  Elderts was breathing but wasn't responsive.  A person was leaning over (Dexter Davis) to the right, stood and asked Officer Naki and Deedy if he could do something to assist.  He didn't do anything to assist because he didn't get any instructions.  Deedy was focused on what he was doing and said "uh, no."

Officer Naki was emptying Elderts pockets.  Officer Naki moves the toy stand.  Deedy said that he was primarily focused on rendering aid to Elderts.  As soon as he snapped back up after getting his slippers, he purely focused on rendering aid.   He was back to his training, adrenaline kicked in, and wasn't sure where Naki was or what Naki was doing.   At this point the EMT arrived.   EMT took over the care of Elderts.  They put a chest seal on Elderts and the male spoke to Deedy.   The male EMT started asking Deedy questions.  Are you an officer, do you have training, etc.  The EMT started giving Deedy instructions, and at that point, Deedy stood up and walked away.

Deedy stood up from being next to Elderts, walked over to his sandals. I don't know why, I was still in my dazed feeling.  After an officer is in a deadly force situation, they may do something that makes no sense.  Prosecution objects. 

As Deedy was walking to his sandals, Officer Naki touched him and asked him to come with him and began to do a standard patdown and gave him a standard patdown language.  "Do you have any weapons?  etc."

At 5:43 sec: Deedy testified that there were a number of witnesses there.  They were still there.  Deedy thought it was strange that Officer Naki didn't know the witnesses were there.  He had minimal interactions with him.  Deedy told Naki that he was an officer but Naki didn't respond.  When Deedy was rendering aid, Officer Naki allowed Deedy to continue working with Elderts.

In response to the patdown question, when Deedy told Naki that it was on his back.  Officer Naki said "What is?"  Deedy said: "My pistol".  Then Naki took his pistol and proceeded to handcuffed him.  At 6:04 sec, Deedy complied with Naki.

Judge interrupts defense attorney again about leading the witness. 

Video timelapse:
2:51:00 angle 2 (cashier): Deedy stands up after aiding Elderts.  He walks towards the door where his slippers were. 
2:51:28: Deedy tells Officer Naki where his pistol was and that he had shot elderts.  Naki takes off pistol from holster, puts it on counter, then puts handcuffs on Deedy.

Pistol on movable trash counter area.  Naki continued to search Deedy.  Asked if Deedy had any other weapons.  Deedy said yes, and motioned with his head to where the knife was lying at.  Deedy points out on the floor plan where the knife was lying at. 

(Missed some parts here.)

Officers sat Deedy down.

Video timelapse:
2:52:46: Officers in front of Deedy were watching Deedy during the search.  Deedy saw other officers (Sgt Shriner, Officer Aiu, Officer Naki to Deedy's left).  Deedy saw the security officer and Mr. Maish taking a phone video, seated at the table behind the group of officers.  Maish was on the same table the Perrine was sitting in that night.
2:54:23: Deedy not sure what was happening. 
2:54:30: Officers turning deedy around, telling him that they are taking him to the side dining area, push away the side table that had all of Deedy's items (gun, credentials, money clip, etc).
Deedy was turned and walking towards side dining area. 

Prosecution attorney kept objecting to defense attorney asking Deedy if he saw his belongings.  Defense attorney gets permission to approach the bench.

At 11:56am, the court breaks for lunch.  Testimony resumes at 1:30pm.

[8/12/2013 update] Partial transcript of Day 2 PM Deedy testimony.  Deedy testimony resumes.

video timestamp:
2:54:40 view 4 (side overflow dining view): Deedy partially visible at left of video. 
2:54:41: Deedy sitting down on seat.  said he sat there about 1/2 hour area but stood from seat from time to time.
2:54:56: Officer Naki asked Deedy some questions.  Deedy gave Naki his biodata info (name, dob, address, employer) limited to this as he is trained. He is trained that he will be detained and should only give biodata info and nothing more until an agency representative is available.  Said that he works for the US Department of State as a special agent. 
3:07:29: Deedy still sitting and approached by Officer Aiu. 
3:08:43: Deedy stood per Aiu's instructions to take pictures of Deedy.  Aiu is off the camera.  Aiu took photos of Deedy at different distances.  Took pictures of whole body perspective and directly in front of face.
3:09:23: Sgt Shriner next to counter where Deedys items were, Officer Aiu next to Deedy.  Deedy mentioned he had other side interactions with the officers, requesting being able to contact his agency.  Officers told him he will be going to the hospital first due to his injury.  Prior to this, his hands were bagged, then they left and went to the hospital.  Deedy was at the side dining area for about 1/2 hour.

Deedy walked with officers out of entrance, to a cruiser parked in front and went to Queens MC.

Deedy recalls hearing the officer asking another officer on the radio if Deedy was being charged for a crime yet.  And the response that he was being arrested for murder. 
Deedy describes how he felt: "It felt like a ton of bricks fell on my chest.  After being in a fight for my life, now I am being charged with murder, it was not a good place."

After arriving, Officer Osaka took him inside QMC ER.  He saw Adam Gutawski as soon as he entered.  Adam walked by Deedy and said something like "Are you okay?"  Adam said something like "that guy got me."  The officer told him to stop talking and moved Adam on.  Deedy was seen by a nurse after, the nurse that testified a couple of days ago.  Took Deedys biodata, checked his vitals and asked him a series of questions.

She was asking questions while checking his vitals.  He was trying to wrap his head around what was going on.  Trying to compose himself and be cooperative. Not giving any info about what happened.  He didn't want to give any info because he was trained not to give any info about a use of force incident after being in one.  You may not recall everything right away, you may give inaccurate info, your mind may need time to process everything after.  He was trained not to give anything or submit to any tests until an agency representative was there. 

After being seen by the nurse, the evidence technician began taking info from him.  She had a form and was asking biodata and other questions "what were your hobbies?"  "how many shots did you fire that night?"  He refused to answer that it wasn't necessary and it wasn't biodata.  Why don't you just tell me what it is.  He said "running and biking".  When she asked about the shots,

He was told to remove his clothing.  The paper bags were removed.  He removed his clothing and was asked to remove his underwear.  "Was this totally necessary that I do this at this moment?"  Female technician said yes.  From his experience, it was not standard practice as she was a female.  Standard practice was that a male officer would be there instead and he would be provided clothes to wear.  They didn't provide him anything to wear so he did as she ordered and he stood there naked.  First he got scrubs for his bottom half, then later got a paper suit to wear before he left.  He asked if he could use the restroom and if he could was his hands and face because he was covered in blood.  And freaking out about what he just went through.  He was covered in blood -- hands, feet, clothes.

The evidence technician took photographs.  When he finished, the officer let him use the restroom, relieved himself, washed his hands and face, then went to the police station where he was booked.    Took his wedding ring.  Prior to going to PD, they removed most of his personal belongings at MCDonalds.  Deedy mentioned about the religious pendant he wore which was removed at McDonalds.  Clothing and watch removed at hospital.  Gave his wedding ring prior to arriving at the police station. 

They verified his biodata info, fingerprint, mugshot, then sat down.  Turned on the intoxilizer then handed the tube.  Intoxilizer to measure blood alcohol content.  He didn't want to submit to anything other than medical treatment.  "I cannot submit to any tests or make any statements until I have an agent representative or legal counsel with me."

Phone call sign "your phonecalls are being recorded".  He wanted to talk to his wife, but they don't have a landline.  Called his father to instruct him to call his wife, to inform one of his agent friends and immediately call Command Center and have them contact HPD about him.  He was then taken to his cell.

He stayed in his cell for an undetermined number of time.  No clocks. Lights are always on at night.  Before this, he recalls being brought to another area of the cell block where a technician was taking more evidence including nail scrapings.  Another evidence specialist didn't take any tests but just chatted with him.

At this point, the KITV video kept pausing and buffering so I missed a big chunk of the testimony including the end of defense witness and the beginning of prosecution witness:
- Interactions with technician and being returned to his cell. 
- Taken to their office, "hey would you like to make a statement while you're with us?"  "Yes, I would like to make a statement.  Has my agency been in contact?"
- end of defense witness.
- beginning of prosecution witness.
- something about Deedy's Dec 2009 purchases, department policies. 
- taking a break and video going offline.

Prosecution witness:
- Deedy testified that he doesn't know how much his companions drank.  He didn't know how much Adam or Jessica drank.  Deedy confirmed he drank 4 drinks, and about his self-imposed limitation to 4 drinks in the event he is carrying his firearm or driving. 
- Prosecution talked about expert witness testimony that being under the influence can diminish one's ability to process information, hand eye coordination, and judgement.  "yes, that's what he said."
- Asked about carrying a gun and drinking, whether it is a violation.  "If I'm on duty, that's correct."
- Did you hear Gutawski joking with the cashier?  Did I hear them?  I saw them joking with them.
- I saw him interacting with other customers, yes.
- Did you see Adam acting goofy?  "Yes, that is Adam's usual demeanor.  He is a really goofy guy."
- "I did not see when he went into McDonalds.  We walked past McDonalds, realized that he wasn't with us.  Gave him a minute to see if he would come back out."

At about 2:15pm, they watched the video again - view 2 (cashier) starting at video timestamp 2:36:07.

Format is: Prosecution asks, Deedy answers. 

2:38:31: You heard Elderts while he was at the counter?  He had a loud voice. I wasn't sure exactly what he was doing. I don't recall hearing Shane Medeiros voice while they were at the counter.  There was a conversation going on at the counter.  Elderts was the loudest.  I didn't hear what everyone said, I could see that they were talking.  He could not hear what the cashier was saying.
I could hear the voices of all the group.  I could not make out the individual voices except for Mr Elderts, he was the loudest.  I did hear a female voice.

Did you notice them when they first walked in?  Yes, I first noticed them when they were walking up the isle.  Until this point in time (2:38:31), no crime has been committed, correct?  I don't believe so.

Watching video of Elderts talking with Perrine at the counter.

2:39:34: Have you heard Elderts having a verbal exchange with Perrine, right? I did. 
Described by cashier as joking, correct?  I heard her testimony.   Well I heard him say something like "leave me alone." 
Was it before or after this frame that Perrine said "cut it out."?  I don't know at what point. They were already interacting. I saw Perrine turn to Elderts and say "hey just leave me alone."

2:40:07: Elderts had gone to sit down at the table. Perrine is on his way.  Jessica west is leaving by the front door?  I don't see her in the frame but I thnk she's over there. 
Adam is by the trash bin doing something in preparation to leaving.  At this time, you, Adam and Jessica were getting ready to go to Nashville.  After you heard Perrine tell Elderts to stop, he stopped didn't he?  No ma'am.  He kept on with Mr Perrine on the counter?  After he said it, Mr Elderts turned from the counter.  Right about here, is where Mr. Elderts directed something to Mr. Perrine.

Mr Elderts said something like "what's your fking problem?  you want beef?"  He used the word beef?  Yes, I know the word "beef".
And Mr Perrine ignored Mr Elderts correct?  He turned away. 
And he didn't say anything to Mr Elderts?  No, he didn't. 
Did he say anything to anybody after that?  I did not hear him say anything after that.
You testified that he seemed out of it after that, correct?  Yes ma'am.
So basically, he wasn't being bothered by anything after that as far as you could see?  No ma'am that's not correct.
After this, what was he bothered by?  When I saw him at the counter and heard him ask to be left alone, and then I saw Mr Elderts again turn to Mr Perrine and say something, I saw that Mr Perrine didn't respond.  And to me it looked intentional.  Like he was purposely not trying to respond.  Prosecution claims that answer is speculation.
After you heard Elderts say to Mr. Perrine, you want beef.  I don't recall exactly.  "Do you want beef, something like that."
After that conversation, Mr Perrine had no further interaction with Mr Elderts that you saw, correct?  That is correct.

2:40:13: Deedy walking towards Elderts' table.  Deedy had previously stood up and took notice.
At this time, no crime had been committed, correct?  That is correct.
The only thing that you head from Mr. Elderts was a verbal remark to Mr. Perrine, correct?  What I heard was an aggressive verbal threat.
And Mr. Perrine's reaction to that aggressive verbal threat was to look away?  I don't know what was in his mind, but he immediately turned away and looked the other direction.
But he did not engage Mr Elderts, correct?  That is correct. 
And Mr. Elderts did not continue to engage Mr. Perrine, did he?  He wasn't saying anything, but he was engaging him.

Mr. Elderts was engaging him?  That is correct.

By the time, you got up and was walking over, no crime had been committed?  No crime had been committed at this point.
And at this time, Shane Mederios was still at the counter, correct?  That is correct.
And did you hear Medeiros, engaging in any way with Mr. Perrine.  I don't believe so.

2:40:23 front dining view: Were you saying anything to Mr. Elderts?  I can see where Mr. Elderts was turned from Mr. Perrine previously, and I am looking at his direction.  This is about when I was speaking to him.
Adam Gutawski was waving goodbye to somebody and was on his way out. 

What are you saying to Mr. Elderts?  I walked up to Mr. Elderts and said, "What's going on here?"

Elderts and Deedy did not know each other at this point.

At this point, Elderts had done nothing illegal?  I don't believe was breaking any law.
At this time, it appeared that Elderts was ignoring Perrine, correct?  It appeared to me that Perrine was trying hard to ignore him.

You heard Perrine's testimony that it was no big deal, what was happening between him and Mr. Elderts correct?  I heard all of Mr. Perrine's testimony. And he also said he doesn't remember any of the interaction, except being called a haole. 
But he remembers not being bothered by it correct?  That's his recollection in his testimony.
And that he could handle the situation by himself. I believe he said that yes.
And in fact, that was what he was doing sitting there ignoring Mr. Elderts, correct?  I don't believe so.
So you went up to this person that you didn't know and ask him what was happening, correct?  That is correct.
And Kollin's response to you was what?  I don't know what his response to me or if he responded to me at that moment.

2:48:27: At this point in time, you have turned your back on Kollin Elderts, correct?  And since you turned your back on him, you no longer consider him a threat?  No, that's not correct.
Would you consider him to be threatening at that time?  He had not threatened me.
And your direction is to Mederios.  Correct. That is because of what he was saying to Mr. Perrine?  Yes that's correct.
And what did you say to Shane Medeiros?  In response to Medeiros, I first said something to Mr. Perrine, And I said "Are you okay?"
And you received no response?  I received a response from Mr. Medeiros.  I asked a question, and immediately received a response from Mr. Medeiros.
And, you received no response from Mr. Perrine?  If he responded, I did not hear it.
You said Mr. Medeiros said something back to you in response.  And you continued a conversation with Medeiros?  That is correct.

2:40:31: This is when Ms. Soriano comes up to you and Medeiros in front of Medeiros' table.  She's telling you "don't make trouble.  if you're gonna make trouble, leave." is that correct?  Yes, she said something like that.
You said Shane Medeiros and Collin Elderts ignored her correct?  I don't recall in my testimony of their response to her.
But your response was to ignore her, correct?  I don't believe we said ... we weren't ignoring her.  I turned to Medeiros and said "She's right.  There's no need to cause problems here." or something along that line. I did not respond to her.
You didn't turn to Ms Soriano and say "don't worry, I can handle it, I'm a police officer."?    No I didn't.
At this point, you hadn't told anybody that you were a police officer?  No I hadn't.
So you didn't reassure her that you didn't want to make trouble?  I did not say anything to her.

2:40:40: Alexander Byrd has come to intervene.  He was trying to calm things down?  Yes, that's correct.
You were trying before then?  Yes. 
You were not successful in doing so?  Actually, I was under the impression that Mr. Medeiros was going to let things go. 
When you were talking to him or after Mr. Byrd intervened?  After the security guard approached us, and I said something else, and mr byrd said something similar, based on his physical expression, Mr. Medeiros did not look angry.  Yes, I believe he was listening to us and was gonna let things go. 
So he was calming down?  I believe so.

2:40:48: At this point, Mr. Medeiros has turned away with Mr. Byrd?  Mr Medeiros has walked away from where he was standing, and Mr. Medeiros was turned away.
Medeiros has turned away with Mr Byrd?  Now you are speaking with Mr. Elderts.
At the time Medeiros has turned away from interacting with Mr. Perrine, no crime has been committed, is that correct?  That's correct.
While Mr. Byrd and Mr. Medeiros turned away, you turned back to Mr. Elderts?  I believe I had turned prior to them turning away.
And the reason that you turned back to address Mr. Elderts, was because he said something to you?  Yes, that's correct.

2:40:49: Mr. Elderts is seated and his hands are on the table.  And you are talking to him?  Yes Ma'am.
And Jessica West has come back to McDonalds.  At this point in time, has any crime been committed?  No ma'am.

2:40:53: Deedy was saying that you had identified yourself to Kollin Elderts?  Yes ma'am.
Jessica West standing immediately to your left?  No ma'am.  She is standing behind me to my left.
She has a view to Mr. Elderts?  Yes ma'am.

2:40:54 cashier view: This is when you said you were identifying yourself to Elderts?  Showing your credentials?  I meant my badge, not my credentials.
Jessica West, you say she was standing behind you?  Are you saying she was not touching the table?  How much closer to the table were you than she was?  Not much.  She might have been about a foot behind me to my left.
But there is nothing obstructing her vision between you and Kollin Elderts?  I don't believe so.
And there is nothing obstructing her vision between you and her correct?  No ma'am.
And you said that at this time, you were showing your creds because your use of force needed to be escalated, correct?  Yes, based on his threats to me, I need to escalate my level of force.
And those threats were what?  I believe, directly before this, "I'll fuck you up."
And Collin Elderts "I'll fuck you up" threat were directed to you, correct?  And to nobody else?  His aggression was directed solely to you?  Yes, it was directly at me.
And you decided that you needed to up your show of force, correct?  Yes, I needed to assert my command presence and identify myself.

When Jessica West came back into McDonalds, didn't she tell you "let's go?"?  I was interacting with Mr. Elderts.  I did not hear her say anything.
At this point in time, you knew that Jessica had returned from outside McDonalds?  I knew that she was standing next to me, yes. 
And you knew that she had gone out?  I did not know that she had gone outside.  I was watching the interaction and was not watching what she was doing.
At this point in time, you could have just walked out with Jessica and not put anyone in danger, correct?  I believe that there was still a threat to Mr. Perrine.

The reason that you said yesterday that you needed to escalate the level of force, was because of the threat to you, correct?  Yes, that is correct.
And Mr. Elderts, was directing his attention solely at you, correct?  Yes, that is correct.
And Mr. Perrine was not paying attention to anyone, correct?  At this point, I could not see what Mr. Perrine was doing.
But after you saw him look away, he did not seem engaged with anyone, correct?  No he looked away from Mr. Elderts, and when Mr. Perrine looked away, he looked at the counter... towards Mr. Medeiros.   And then Mr. Medeiros turned and addressed him (Mr. Perrine).
But at this time, Mr. Medeiros has already stopped paying attention at Mr. Perrine because of Mr. Byrd's intervention.  Defense objects.
Mr. Medeiros had no further interaction with Mr. Perrine after Mr. Byrd took him off, correct?  I did not see any.  I was interacting with mr. Elderts.
And the only interaction you had with Mr. Elderts was on Kollin Elderts?  Prosecution objects.
After Mr. Medeiros turned his attention away from Mr. Perrine, the only person that Kollin Elderts was focused on was you, correct?  Defense objects.
The only person that Kollin Elderts interacted was you, correct?  Yes, that is correct.
So, Mr. Elderts had told you what?  He said "I'll fuck you up!"
And did you think that was a federal crime?  At that time, I did not. I had not identified myself.
And at that time, he told you "I'll fuck you up", his attention was directed at you, correct? Yes, he directed that statement and threat to me.

[The rest of the prosecution witness testimony continued here...]
http://2ahawaii.com/index.php?topic=9629.msg98858#msg98858

Deedy is being cross examined by the prosecution.

What still seems odd to me is why the Supremacy Clause motion was withdrawn if everything occurred as Deedy and his lawyer claim. Must be some legal reason behind it, I'm assuming but I'm no lawyer.

My uneducated guess it has something to do with Deedy drinking within 6 hours of the altercation.  Irrelevant if he was impaired or not, just that he had drank alcohol.

.