Accused Killer Deedy Loses Motion to Dismiss Case

Christopher Deedy, left, with defense lawyer Brook Hart
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BY JIM DOOLEY – Accused killer Christopher Deedy today lost a motion to dismiss the case against him and his lawyer lost another bid to publicly file a videotape of the killing.

Christopher Deedy, left, with defense lawyer Brook Hart

Deedy, a security officer with the U.S. State Department, was accused of second-degree murder after he fatally shot local resident Kollin Elderts during an early morning confrontation in Waikiki in November.


Deedy, who lives in Virginia, was in Honolulu to provide security for dignitaries attending the Asia Pacific Economic Community conference.

His lawyer, Brook Hart, argued today that the case should be dismissed because an incomplete record was made of the prosecution’s presentation of evidence to a grand jury that indicted Deedy November 16.

Deputy Prosecutor Jan Futa denied that the record was incomplete and argued that even if it was, the missing material was so insignificant that dismissal of the case was unwarranted.

Circuit Judge Karen Ahn called Hart’s motion “interesting” and noted that such an argument has been made in local courts before.

She said a higher court may have to rule at a later date on the legal issues raised by Hart.

But Ahn agreed with Futa that the trial of Deedy, now set to begin next year, will go on as scheduled.

Hart once again attempted to publicly file a surveillance video taped inside the McDonalds restaurant when Elderts was killed.

Futa said the tape, which has already been sealed from public view by Ahn, was irrelevant to the motion argued today.

Ahn agreed and did not accept the tape copy which Hart tried to introduce.

After the hearing Hart said he did not know if he would appeal Ahn’s decision on the grand jury issue.

Hart says the contents of the videotape at the McDonalds restaurant show Deedy acted in self defense and in his capacity as a law enforcement officer when Elderts attacked customers in the restaurant.




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Jim Dooley joined the Hawaii Reporter staff as an investigative reporter in October 2010. Before that, he has worked as a print and television reporter in Hawaii since 1973, beginning as a wire service reporter with United Press International. He joined Honolulu Advertiser in 1974, working as general assignment and City Hall reporter until 1978. In 1978, he moved to full-time investigative reporting in for The Advertiser; he joined KITV news in 1996 as investigative reporter. Jim returned to Advertiser 2001, working as investigative reporter and court reporter until 2010. Reach him at


  1. They don't want to release the tape because it will show that Deedy acted in self-defense. Always hiding the truth, Lady Justice isn't as blind as you'd think.

    • So your already assuming that Deedy is not guilty without looking at any evidence in court? I think that is exactly the reason why they want to keep the video out of the public.

  2. Had Deedy been an off duty HPD officer, this case would already have been dismissed. This is a case of racism and local vs. mainlander, plain and simple. The guy who got shot was a jerk and a bully. Let's hope he fathered no children.

    • This is the City not wanting to let the defense raise you have tampered with the jury pool so a change of venue is in order. What grounds are you basing your comment regarding local police on? Can you cite to one example of a local cop acting like this? Local police do not make a habit of carrying their service weapon while at the bar drinking.

  3. You knew Kollin, Dwight? Or maybe you were there that night? Or are making stuff up? It is not racism pure and simple. It is murder pure and simple. Being a jerk and a bully is not, in my world, a capital offense. If so you and I would be long dead.

  4. We really need to see that video. If the deceased was aggressive toward other patrons, the federal officer was likely compelled to intervene. (A police officer where I live was recently convicted for failing to intervene to stop a crime while off-duty.) If the officer identified himself (as his lawyer claimed, and the video will hopefully prove or disprove– I sure hope it has clear video AND audio), and the deceased physically assaulted the officer and eventually tried to grab his gun, then the outcome was inevitable and this should never have gone to trial (perhaps the prosecutor should be prosecuted if this is the case). Gotta see that tape. The truth is not in the statements from the lawyers for the officer and the family of the deceased.

    • Why do we need to see the tape? The grand jury did and I guess it was good enough for them to send it to trial, hart is trying to get the video out to the public so they can say that it's impossible to find an impartial jury. Here in Hawaii, hart wants this case moved out of Hawaii. Period.

  5. If Hart claims the video proves him innocent then let it go to trial, otherwise lock Deedy up! I'd really like to hear what the patrons have to say as well since they just left the Marine Corp Ball which was held locally to say he was defending them is a big lie he seemed to have a chip on shoulder already given he brought knife and a gun, and made up his mine to use them both.

  6. My opinion is that the problem could have been solved without the use of deedy's gun…i honestly dont know how he can sleep at night knowing that he could have prevented the death of Kollin. and…FYI if u think that there wasn't a way to settle the situation without an outcome like this you are wrong…There is always a choice and christopher deedy made his and has to live his life knowing that he pulled the trigger and killed someone's son….RIP.Kollin Keali'i Elderts

  7. Deedy is in the wrong. He was drunk and exercised poor judgement. If he was acting as a so called federal agent, it shouldn't entail hitting up bars. I'm disgusted by this bastard. Justice needs to be served.

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