HONOLULU (HawaiiNewsNow) - Deputy prosecutor Janice Futa told the jury that the countdown on Kollin Elderts' life began when he entered the McDonald's on Kuhio Avenue on Nov. 5, 2011.
"Kollin Elderts did not know his life was in the hands of the defendant who made mistake after mistake after mistake," prosecutor Janice Futa said.
But defense attorney Thomas Otake argued that the U.S. State Department special agent was trying to stop Elderts from bullying a customer and beating Deedy's friend. He said Deedy identified himself as a cop.
"He gave a warning. Mr. Elderts didn't stop," Otake said.
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Futa said a drunken Deedy instigated a confrontation, refused to leave, and fatally shot Elderts during a scuffle.
"He refused to pull the retreat tool. His ego wouldn't let him do it," Futa said.
But Otake said Deedy, 30, was calm and not aggressive, and McDonald's surveillance video proves it.
"If a picture is worth a thousand words, a video has to be worth much more," he said.
Deedy is charged with second-degree murder. He claims self-defense. Circuit Judge Karen Ahn has instructed jurors to consider lesser charges of manslaughter or assault if they can't reach a murder verdict.
Last year's trial ended in a mistrial.