HONOLULU (AP) - Prosecutors say a State Department special agent accused of killing a man at a McDonald's in Waikiki last year spent the night drinking and bar-hopping before going to the restaurant.
In court papers, Honolulu prosecutors say Christopher Deedy appeared "intoxicated" before firing three shots from his handgun - the first narrowly missing a customer, another lodging in the restaurant wall and the third fatally wounding 23-year-old Kollin Elderts.
Prosecutors say Deedy was not heard identifying himself as a law enforcement officer, but told Elderts he had a gun and would shoot him in the face.
City Deputy Prosecutor Janice Futa filed the papers Friday in opposing Deedy's request for dismissal of the murder charge.
Deedy's defense maintains he is immune from state prosecution under the U.S. Constitution's Supremacy Clause because he was acting as a federal law enforcement officer when the Nov. 5 incident occurred.