At 10:30am testimony resumes.
They are recalling other people's testimonies.
2:42:08 "Deedy got Elderts attention away from Medeiros and fired his gun." Defense objected to the compounded nature of question.
Deedy said between this frame, Deedy said "stop I'll shoot." And Elderts walked towards Deedy. Slow and deliberate movement towards Deedy. Deedy was in the process of drawing his gun. Close quarters draw. He completed the draw.
2:42:07 view 4 ("fine dining" angle. Fine dining in McDonalds?). Visible Deedy's gun drawing but not yet completed. Gun has not yet been fired.
2:42:08: shot has already been fired.
2:42:06: "I did not see a weapon in his hands." I had said "Freeze". I had said Freeze before I drew my gun.
2:42:08: I was in fear for Adam's life. I was in fear for my life. As a law enforcement officer, this is the moment I dreaded in my career. But I made an oath to serve and protect."
"You intended to kill Mr. Deedy, correct?" "I intended to stop the threat."
"You are trained to kill the threat?" "We are trained to shoot center mass to stop the threat."
"You are not taught to maim the threat?" "We are taught to stop the threat, knowing that it may kill someone, we are not shooting to maim or injure."
"You were concerned for Adam's life at this point?" "That was one of the reason why I escalated to use Deadly force." "Would you have been justified to shoot Mr Medeiros at this point?" "I had said to stop. I was focused at Elderts at this point."
"You would have been justified in shooting Mr. Medeiros at this point?" Defense objects.
"Did it ever occur to you to go over and pull off one of the people that were on Mr. Gutawski?" "That would not have been a safe option for me or Mr. Gutawski." "Yes I did."
"Did it occur to you that Jessica West was involved? Between the two of them (Jessica and Keene), they were able to pull Medeiros off Gutawski."
"Did West or Keene receive any injury from their involvement?" "No." "Did Mr Gutawski receive any serious injury?" "My actions prevented him from receiving serious bodily injury or death."
"After you fired the first shot at Elderts, he moved close to you?" "As I fired the shot, Mr. Elderts was moving to his left then came around as the same direction as the cashier counter."
2:42:09: We moved parallel to the cashier counter. His left arm was on my wrist. It's not the close quarter draw position anymore. He drove me to the ground.
2:42:12: "I did not know he (Byrd) was behind the toy display"
2:42:18: Deedy says he doesn't recall how many punches Elderts was throwing at him. He recalls Elderts punching him when he was on the ground.
After the 2 shots:
"In the midst of coming for a punch, it wasn't a complete punch, he came down on me. I was trying to keep my head off the ground while he was punching me. When I took the last shots, I was able to get myself upwards a bit. Not really seated. Trying to raise my head, shoulders and cheat off the ground. Like trying to do a crunch except with my legs flat on the ground."
"I remember my head hitting what I thought was the ground. It may have been the high chairs." "I can't be certain. I didn't see my head hit."
"You shot to kill Mr Elderts?" "I meant to stop his assault on me. I knew those shots may kill him."
"One of those 2 other shots missed him, correct?" Deedy explained that he was taught to look beyond the target and it was clear.
"Your third shot jammed correct?" "The casing did not clear."
"The casing was not stove-piped, correct?" "Yes, correct."
2:43:26: Deedy talked about training to rendering aid to someone who has been shot. Prosecution talked about him not rendering aid immediately. In rendering this aid, you were not taught to immediately check for vital signs? No I did not. That was after I established that there was 1 gunshot wound.
1:07 sec: Description of Officer Naki's description of suspect. "I wasn't listening to the dispatch. I heard now. "All I've got is a male running down Hawaiian Ave with a white t-shirt.""
1:14 sec: When Officer Naki was there with you and Elderts body, did you identify yourself as a police officer? Yes I did. I recalled the first thing he asked me was where the shot was. When he came back, I reported to him my findings, that he was still breathing and that there was blood flows. I told him that I was a cop. Those were my exact words. He did not respond. Yes, I expected a response. He was right next to me. Did it cross your mind that he did not hear you. No that did not cross my mind.
1:54 sec: This was after I identified I was a cop.
Were you still in a daze? Daze wasn't the right word. I kicked into training mode. I was focused on keeping mr elderts alive.
5:43 sec: This was when Naki put his hand on me.
5:49 sec: This is when I told him that it was on my hip. He said "what is?" "My pistol." "What do you mean "my pistol"?"
5:57 sec: Shocked / alarm reaction by Naki. This was right after I said "I was the one who shot him."
At first he removed my pistol then he handcuffed me.
Did he tell you you were under arrest for murder.
When Sgt Shreiner asked me that question, all my belonging has been pulled out and were on the countertop.
We were trained to give information for the purposes of medical treatment but not to give any other information than necessary.
For the data that you gave them, you did not give any inaccurate information correct? When they were asking me about, I was feeling the effects of a traumatic injury. I was fighting for my life, I believed I had just killed a man, There were a number of questions that I had said no to, even though I should have said yes if I had been paying attention.
I declined to take that test unless I had agency representative present, unless it was required. So your refusal was not anything to do with you refusing to give your blood alcohol level? No ma'am.
No i didn't, I did not believe that there was a crime.
You realize that you have to comply with local law enforcement?
I wanted to make a statement with counsel present.
In our training, we are taught that after a force of use situation, you may not remember everything completely and you need to gather yourself completely, so you can report the incident as completely as possible.
Many what witnesses say after a report may not be completely accurate. The mind cannot remember everything that happens. The mind will try to do if they see A and C, will try to fill in the blanks with B. Very often, witness statements may not be completely valid.
(missed some things here about an agent's toolset. about being objective and reasonable, and knowing what the officer knew at that time, it was the correct action at that time. you cannot judge the officer's action with information known later.)
You never considered leaving? When I stood up and saw adam being kicked in the face, I could have run. I knew I could have ran but I could not do that and assure his safety. Yes, I considered it as an option but I could not consider it feasible. I was continuously assessing the situation. I did not believe it would be safe even for me to leave. I did not believe I could have gotten out safely without sustaining injury to myself.
"Whether or not you considered going to calling the police, going over to mr perrine and sitting with him?" "This is not a yes-or-no answer."
From prosecution question:"That's true... If I did not have a gun, I could not have fired at Mr. Elderts."
At 11:30am, court takes recess.