HONOLULU (HawaiiNewsNow) - Christopher Deedy is charged with second-degree murder for fatally shooting Kollin Elderts during a scuffle at a Waikiki McDonalds.
Former prosecutor Victor Bakke has studied the case, "It's a self-defense case and self-defense law is pretty well settled. It comes down to facts. What comes out in court."
In November 2011, the US State Department special agent was providing protection for the APEC summit. Veteran defense attorney William Harrison says that it will be hard for the jury to ignore publicity that surrounded the shooting.
"The difficulty comes with the fact that it was highly publicized and to get an unbiased juror is going to be very difficult," said Harrison.
Key evidence will be the security camera footage from inside the McDonald's. But it's a silent movie.
It doesn't explain everything. Especially when you don't have sound on the video in a case like this, words are very threatening and intimidating," said Bakke,
William Harrison says,"That's got to be supported by appropriate testimony showing what goes on in that video, and specifically what each side believes is portrayed by those frames in the video."
"911 - Where is the person that shot the customer?
Caller - He just ran out.
911 - Okay, what does he look like?
Caller - He's a caucasian, um, about five -six, he has dirty blond hair."
Deedy's defense attorney Brook Hart insists his client was protecting himself and others and was "compelled to fire his weapon."
Elderts died from a single shot to the chest. Elderts' family says Deedy was the agressor.
"He's trained as a law enforcement officer to react to certain situations and if he followed protocol it may be a very good self-defense case, said Harrison.
"Did he feel that he was in fear of serious bodily injury or death?" said Bakke
Court documents say cell phone video shows Deedy trying to help Elderts after the shooting.
Toxicology reports said Elderts had alcohol, marijuana and remnants of cocaine in his system.
Deedy's lawyer says he may have his client testify. Legal experts say it may or may not be necessary.
"His state of mind is the defense. So the best evidence to his state of mind has got to come from him, said Bakke"
"If the videotape that tells the story he would like his client to tell, and the jury already gets that story, maybe you don't put the defendant on," said Harrison.
The incident happened twenty months ago inside this McDonald's there were several eye witnesses.
It will be up to the jury to decide if Deedy's guilty of murder or if shooting Elderts was justified.