HONOLULU (HawaiiNewsNow) - "I saw Mr. Elderts laying on the ground in a pool of blood. I saw the defendant over Mr. Elderts' right side with his hand over Mr. Elderts' wound," Sterling Naki testified.
The Honolulu police officer was the first to respond to the November 5, 2011, shooting at McDonald's on Kuhio Avenue that killed 23-year-old Kollin Elderts. Naki said the scene was chaotic, but he remembers what he smelled on Christopher Deedy.
"When he knelt his head down towards me to notify me that he had a weapon, as well as he shot Mr. Elderts, I could smell an alcoholic type beverage emanate from his breath," Naki said.
He told deputy prosecutor Janice Futa that Deedy's eyes looked bloodshot and glassy.
Deedy's lawyers insist the U.S. State Department agent wasn't drunk, and Deedy shot Elderts to protect himself and others in the restaurant.
Brook Hart pointed out to jurors that Naki's testimony in court differed from earlier statements he made.
"During the time you were interacting with agent Deedy, did you ask him whether he was injured?" Hart asked.
"I don't recall, sir," Naki answered.
"Yet you testified to the grand jury that you did ask him, correct?" Hart pressed.
"Yes, sir," Naki answered.
"Would that have been true testimony?" Hart asked.
"Yes, sir," Naki said.
Deedy was on Oahu to provide security for the APEC summit. He and Elderts got into a scuffle. Elderts died of a single gunshot to the chest.
Naki said he saw Deedy trying to close the wound with his fingers, but couldn't recall hearing Deedy urging Elderts to breathe. He said Deedy admitted at the scene that he fired the shot.
"He said, 'Yes, I shot him,'" Naki said.
The prosecutor said Deedy was intoxicated when he shot Elderts. But Hart said police did not test Deedy for alcohol at the scene. A spokesman with the prosecutor's office said police did not perform a blood-alcohol test on Deedy after he was arrested. He said the State Department has not investigated the shooting but is waiting for the result of the trial.
During cross-examination of Naki, Circuit Court judge Karen Ahn fined Hart $250 for contempt of court. She said Hart asked Naki an improper question about a woman who was at McDonald's that night, and his line of questioning amounted to testimony. Hart said he would appeal the sanction.