Deedy Trial: McDonald's customer describes fatal struggle

Deedy Trial: McDonald's customer describes fatal struggle
Prosecutor Janice Futa and her team set up a McDonald's toy display and high chairs in the courtroom to simulate the inside of the Waikiki fast food restaurant where Kollin Elderts and Christopher Deedy struggled in 2011.

Byrd is seen on surveillance video, ducking behind the display as Elderts and Deedy crashed to the floor.  In court Wednesday, he demonstrated to the jury how Elderts straddled Deedy.

"I saw Mr. Deedy struggling to free his arms. And I saw Kollin holding down his arms," he said.

"Where was Kollin holding Mr. Deedy's arms?" Futa asked.

"Towards the lower part of his biceps," Byrd said.

He told the court that he heard shots before the men fell, but none after.

Defense attorney Thomas Otake implied Byrd's testimony didn't line up with what he told detectives and the Grand Jury.

"'The last thing I'd seen was the local charge him. And then from there it was just I saw the back of the toy display. That's all I saw from there.' Remember saying that to the detective?" Otake asked.

"Yes," Byrd said.

Otake said surveillance video shows that as Byrd stepped behind the display he was facing the cash register, not Elderts and Deedy, then he bolted for the door.

"Mr. Byrd, you were behind the toy display for one second, weren't you?" Otake asked.

"Yes," Byrd answered.

Byrd said he didn't hear Deedy identify himself as a cop or see him show his badge. Deedy said he did.

"He just looked like a drunk tourist. He didn't look like anybody professional," Byrd said.

Futa insists Deedy was intoxicated and instigated the confrontation. Deedy, a special agent with the U.S. State Department, said he was sober and fired his weapon in self-defense.

Byrd was the state's last witness. Deedy is expected to testify later in his murder retrial.

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