HONOLULU (HawaiiNewsNow) - "He was in a great mood, we both were… everybody was."
That is how a key witness for the prosecution, Shane Medeiros, described the moments before Kollin Elderts was shot in a Waikiki McDonalds in November of 2011.
Medeiros said that he and Elderts were partying hours before they decided to go to McDonalds, and when they got there, he says Elderts was making everybody laugh.
"He had cashiers laughing ... He was laughing, dancing around," Medeiros testified.
Medeiros says Elderts didn't harass customer Michael Perrine at the food counter, despite many accounts of their exchange becoming racially charged.
"Perrine says 'I live in Hawaii too.' Kollin says 'That's cool.' He made it clear that he was joking. He made it clear," Medeiros said.
Medeiros said that's when Christopher Deedy approached Elderts while Medeiros tried to convince Deedy that they didn't mean any trouble.
"I tried to explain to him that we were just joking around. Deedy said, 'Acting like this will get you shot.' He said it multiple times."
Medeiros says Elderts never threatened Deedy. Instead, he says Deedy kicked Elderts and Elderts reacted by slapping Deedy in the face.
Elderts was fatally shot in the chest during the scuffle.
Deedy is a federal agent charged with murder. He claims he shot Elderts in self defense.
The prosecutor claims Deedy was drunk and instigated the confrontation.