Agent Deedy: State Department Says I Can Kill People
(For those unfamiliar with the case of State Department Diplomatic Security “Special” Agent Chris Deedy, who appears to have shot and killed an unarmed man in Hawaii while there for the APEC Conference, see some previous postings.)
The latest news out of Hawaii about accused murderer Deedy is that the State Department said it was OK for him to gun down an unarmed man. Sort of.
After initially claiming he shot the guy in the chest in self-defense at 3am in a Waikiki McDonald’s, Deedy now claims he is immune from prosecution because he was a law enforcement officer on duty at the time just doin’ his job. The State Department had sent the shooter to Hawaii as part of Hillary Clinton’s entourage for the APEC conference no one cares about anymore (Obama isn’t even going this year’s ’cause it’s in bad Russia).
It is very, very unclear that being in the McDonald’s at 3am had anything to do with Deedy’s assignment in Hawaii, but I’m sure it is OK.
The Honolulu Star Advertiser also noted that Deedy submitted a report from the doctor who treated him at the Queen’s Medical Center after his arrest. The report from Dr. Kyle Perry says Deedy suffered scrapes and a broken nose from an assault. Deedy’s mug shot is shown above, but I leave it to you readers to detect the scrapes and broken nose. Maybe a little shaving nick under the nose? Maybe the picture was taken from a bad angle? At the time of his arrest Honolulu police officers noted that Deedy had red, glassy eyes and slurred speech, perhaps also not noticeable in the photo? Deedy declined to blow for the cops at the scene and as a cop-to-cop courtesy apparently the HPD never pushed it.
Want more? How about the opinion of an ex-Diplomatic Security Agent on this case, whose “observations raise far more questions than they address?” Surf on over to Teri Schooley’s blog, where she is following the Deedy case very closely.
According to Teri, the Judge in Hawaii will rule on the motions to dismiss charges or to delay the trial in July. If she agrees to delay the trial, it will mean that the victim’s family will have waited almost a year and a half to get justice in this case. In the meantime, Deedy will be receiving his full salary as a State Department employee on “admin leave.” And he has had the benefits of being allowed to post bail and leave the jurisdiction after being charged with murder, and has been able to have the trial delayed for months already. The State Department, of course, refuses to discuss the case.
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Update on a Murder in Hawai’i.
Updated below.
There is a new development in the Deedy/Elderts murder case in Hawai’i. My first article on this case is here:http://teri.nicedriving.org/2011/11/a-murder-in-hawaii/
Here is a brief summary from my second article to bring you up to speed (link to the full article at the end of this quote):
A few points that I bring up in the comment section in the above article:
1) If Deedy had identified himself first, eye-witnesses would have said so. Not one single person interviewed for the news stories made any such remark, nor did anyone in the 911 tapes. Deedy was only referred to as “a guy”, “someone” or “a caucasian” who got in a fight with “another guy”, etc. Secondly, if he had properly ID’d himself, his attorney certainly would have brought that to light, as it would go a long way in exonerating his client. His attorney has taken pains to point out that Deedy is LEO [law enforcement officer], but has never said that Deedy identified himself as such. I don’t think that the grand jury would have indicted him on any level of murder charges had they felt he was legitimately acting in the role of LEO – they might have considered it negligent homicide, but not murder. I don’t believe that cops and other LEO get indicted on murder charges every time they kill someone in the line of duty.
2) As to whether or not Deedy was drunk himself; his own attorney won’t say. The att’y has said that Deedy was within his rights to refuse a blood alcohol test prior to arrest and in one interview for a local Hawaiian station, when asked if Deedy had been drinking, made the comment, “Well, he had been at a bar.” That is all he has said.
3) Federal law allows LEOs to carry concealed weapons on duty or off, but one of the stipulations is that the officer may not carry when under the influence of alcohol or drugs.
4) Deedy is charged with two offenses. The issue of whether Deedy was acting as LEO and/or whether or not he was drinking seems to be addressed by the second charge he is facing: Use of a Firearm in the Commission of a Felony, Hawaii Revised Statutes, HRS 134-21.
5) You [original commenter I am replying to] are mistaken in your belief about why Deedy was charged with second degree murder.[...] It turns out that in Hawaii, unlike most of the other states, 1st degree murder only applies in very limited cases, with strict definitions.
“Under Hawaii law, second-degree murder is defined as occurring simply ‘if the person intentionally or knowingly causes the death of another person,’ while first-degree murder involves specific kinds of victims.
“First-degree murder would pertain to someone who intentionally or knowingly causes the death of: more than one person in the same or separate incident; a law enforcement officer, judge or prosecutor involved in the prosecution; a witness in a criminal prosecution; a person by a hired killer, in which case the killer and the person who did the hiring would be charged; or a person while the defendant was imprisoned.”
Deedy is being charged with 2nd degree (HRS 707-701.5) because Elderts was not a judge, a LEO, a witness in a case, etc., and because Elderts was the only victim. It has nothing to do with Deedy’s intent or foreknowledge of Elderts. – from my own comment on “Follow up to a murder in Hawai’i.”
This past Monday, Deedy’s attorney filed a motion to have the charges dismissed.
Deedy’s mug shots, taken shortly after his arrest, certainly show no sign of a broken nose. Nor does he appear to have a broken nose, or marks or bruises of any sort on his face, in the photos taken by reporters at his grand jury hearing a few days later. Witnesses say that after Deedy kicked Elderts to the ground, Elderts got to his feet and hit Deedy in retaliation. That might be the point at which Deedy was injured, although from photos, he clearly suffered no major injuries at all.
Elderts had abrasions on his face from gunpowder residue. That’s very close-range. Deedy must have tried to shoot him in the face. Maybe the first or second shot, both of which missed – the third, of course, entering Elderts’ chest.
The argument about the McD’s video is not that the jury couldn’t see the video or that the McD’s video doesn’t show what it is purported to show, but that in the courthouse video of the grand jury proceedings itself, whoever filmed the hearing was not positioned to catch both the witnesses testifying and the tv screen at the same time. If the grand jury comes up with a true bill – i.e., decides the evidence merits prosecution – which they did in this case, the accused and his attorney are entitled to a transcript of witness testimony.
Each side has to share evidence prior to trial. Since the McD’s tape is being used as key evidence, Deedy and his attorney will or already have received a copy of the original McDonald’s tape. The whole “can’t see the tv” thing is a moot point.
In fact, today the same newspaper, the Star Advertiser, mentions this:
I mentioned Peter Van Buren’s take on this case in my previous articles. His opinion is interesting as it comes from a current State Dept. employee. The following, however, is from the blog of a different and now-retired State Dept. employee, who held the same position that Deedy currently does.
Deedy has already been allowed to bypass his travel restrictions (he was allowed to return to Va., provided he stay within 100 miles of his home. His office at the State Dept. is within this radius.):
Judge Ahn will rule on the motions to dismiss charges or to delay the trial in July. If she agrees to delay the trial, it will mean that the Elderts family will have waited almost a year and a half to get justice in this case. In the meantime, Deedy will be receiving his full salary as a State Dept. employee. And he has had the unheard-of benefits of being allowed to post bail and leave the jurisdiction after being charged with murder, and has been able to have the trial delayed for months already. The State Dept. refuses to discuss the case with the press.
UPDATE: Sunday.
It turns out the insurance company who carries Deedy’s renter’s insurance on the Virginia house he and his wife live in, Allstate, has to cover the cost of his legal fees in the civil case being brought against him by the Elderts family.
Sunday, November 13, 2011
Update: The Murder of Kollin K. Elderts in Honolulu: Thoughts and Analysis
Although I strongly disagree with persons who have been charged with serious felonies to be tried in the court of public opinion, there are a number of issues in this case that concern me.
As a follow-up to my earlier posting on Deedy's shooting death of Elderts, what makes this case so perplexing is the lack of news coverage on it since it occurred on November 5. Hence, my comments.
Unfortunately, my observations raise far more questions than they address.
Why was Deedy in Honolulu? What we do know is the S/A Deedy was sent to Honolulu to support DS' mission in protecting visiting foreign dignitaries to the US who would be participating in the Asia-Pacific Economic Cooperation (APEC) conference which began on Tuesday (November 8).
Considering that dignitary protection is one of DS' primary responsibilities, it seems strange that the State Department would not acknowledge that, although bureaucratically I understand why statements are not made concerning on-going investigations.
When Did S/A Deedy Arrive in Honolulu? Considering that Deedy was arrested and charged with second-degree murder and the use of a firearm in the commission of a felony by Honolulu police on November 5, we know that he was in Honolulu on that date.
Was S/A On-Duty at the Time He Shot Elderts? No, considering that he was reportedly intoxicated, according to witnesses at the scene.
Was Elderts armed with a weapon? According to the Elderts family attorney, Michael Green, Elderts was not armed. Although police found a knife at the scene, it has not been connected to a specific owner.
Was Deedy armed with a firearm? Yes. From all indications he was carrying his DS-issued service weapon, even though according to witnesses he was visibly intoxicated. A prudent agent who knew he would be drinking while off duty, who did NOT have full police powers, would have locked the weapon in his car or secured it in a hotel safe deposit box.
Why was a DS agent assigned to Honolulu to support the protection of dignitaries at APEC intoxicated at 0300 hours in the morning? Unfortunately, there is no reasonable explanation to this question, particularly in light of the fact that he was carrying his service weapon while intoxicated.
What is known about Deedy? According to his LinkedIn account, Deedy is a graduate of Tulane University in New Orleans who worked as an economist with the U.S. Bureau of Labor Statistics before joining the State Department in June 2009. From this information, it appears that Deedy was not an experienced agent and had no previous law enforcement experience.
Has Deedy been charged with a crime? Yes, reportedly he was arrested and charged with 2nd degree murder and the use of a firearm in the commission of a felony. Yet, he was released on $250,000 bail with no apparent restriction to remain in Honolulu.
Although DS agents are issued Diplomatic passports, they are not accredited diplomats when assigned domestically.
It is not normal for those charged with murder to be released on bail, particularly when they have the resources to flee the jurisdiction. One can only assume that he was released on bail because he was a federal agent.
What were the details of the altercation between Deedy and Elderts? According to press reports, after leaving a local bar, Elderts ended up in the Waikiki McDonald's where they were joking around with workers in the restaurant when Deedy and three others walked into the restaurant. From all indications, an altercation commenced when Deedy "karate-kicked" Elderts in the chest, knocking him down, resulting in Elderts hitting Deedy. The two then began struggling with each other when Deedy fired three shots, one of which hit Elderts in the chest.
Were either Deedy or Elderts intoxicated? This question is problematic. Although the medical examiner's office reported that Elderts blood-alcohol level was 0.12%, it is unknown whether Honolulu police conducted a breathalyzer test on Deedy before he was released on bail. If it was not conducted, it should have been. If it wasn't, that no doubt will benefit the defense in Deedy's trial.
Other Developments? Reportedly, the Edlerts family attorney, Michael Green, (mentioned above) is planning to file a civil lawsuit against both Deedy and the US Government.
Deedy is scheduled to appear in court in Honolulu on November 17. Following that proceeding, our readers will be updated on the staus of this case.
All and all, Deedy's behavior does not reflect well on the US Department of State. Yet, the Department is fully cooperating with Hawaiian law enforcement in the investigation.