HONOLULU (HawaiiNewsNow) - Retired Honolulu Police Department Sgt. Kenneth Schreiner was in charge when Christopher Deedy was arrested on Nov. 5, 2011. He saw Deedy kneeling over Kollin Elderts. Both men were covered in blood. A worker at the Waikiki McDonald's told him Deedy was the shooter.
"She pointed to the gentleman that was leaning over the male on the ground and said, "He's the one that has the gun," Schreiner testified.
He said he learned Deedy was a federal agent from his badge and State Department credentials.
"I describe it as an 'Oh, no!' moment because it was a law enforcement officer," Schreiner said.
But Deedy's defense attorney Karl Blanke said Schreiner didn't completely secure the crime scene. He showed the jury a picture from a surveillance camera mounted outside the fast-food restaurant. It showed an officer and people Blanke said could have been potential witnesses.
"Did any of your officers ever tell you that there were people outside of the McDonald's with blood on their hands that they had dismissed from the scene," he asked.
"No, they did not," Schreiner answered.
Prosecutor Janice Futa said Deedy was drunk when he and Elderts scuffled, and Deedy drew and fired his pistol. She asked Schreiner what he noticed.
"I could smell a strong odor of what appeared to be alcoholic beverages on his breath. He was semi-unsteady on his feet," he said.
But Blanke said Deedy didn't need any help walking, plus Schreiner didn't file a report with his observation of Deedy's unsteadiness. He said Deedy may have appeared that way because he had been punched by Elderts. He also pointed out that police did not test whether Deedy was intoxicated.
"Did you conduct a horizontal gaze and stagger test on special agent Deedy?" he asked.
"No I did not," Schreiner answered.
Both Deedy and Elderts had been partying with friends before their fatal encounter. Elderts toxicology report showed alcohol, marijuana and traces of cocaine in his system, but there's no documentation of Deedy's condition.
Futa tried to make the jury understand why.
"Was the defendant under arrest for driving under the influence of alcohol?" she asked Schreiner.
"No he wasn't," Schreiner answered.
"What was he under arrest for?" Futa asked.
"For murder," Schreiner said.
Deedy was on Oahu to help with security for APEC. Although he was off-duty, he was carrying his GLOCK semi-automatic pistol at McDonald's. He claims he shot Elderts in self-defense.