HONOLULU (HawaiiNewsNow) -
Federal agent Christopher Deedy told the jury in his murder retrial that Kollin Elderts became more aggressive after learning Deedy had a gun.
"He said, 'Well you're going to need it. I'm going to get you first,'" Deedy said.
Deedy is charged with fatally shooting Elderts in a Waikiki McDonald's in November, 2011. He claims self-defense.
"When Mr. Elderts assaulted me that's felony assault on a federal officer," he testified.
Under questioning by defense attorney Thomas Otake, Deedy said he was trying to defend himself and his friend Adam Gutowski. Deedy said Elderts was on top of him, punching him and reaching for his gun.
But prosecutor Janice Futa questioned whether Elderts was trying to point the weapon away, to keep from getting shot.
"It appeared to me he was trying to get control of my weapon," Deedy said.
Futa claims Deedy was intoxicated, instigated the confrontation, and was the first aggressor when he tried to kick Elderts to keep him away.
"So it was your kick to Mr. Eldert's body that was the first physical contact, correct?" Futa asked.
"Yes," Deedy answered.
He said he fired his GLOCK semi-automatic pistol three times.
"I was thinking I was going to die," Deedy said. "When I took those shots he came down on top of me," he said.
Elderts bled to death from a single shot to the chest. Watch our story tonight on Hawaii News Now.
For the first time in Christopher Deedy's murder trial the jury was shown surveillance video from inside the McDonald's restaurant on Kuhio Avenue. It was taken between 2:30 a.m. and about 3:00 a.m. on Nov. 5, 2011.