State Dept. Sp. Agent self defense trial Hawaii, poss. drunk, intervened in situation

State Dept. Sp. Agent self defense trial Hawaii, poss. drunk, intervened in situation

This is a discussion on State Dept. Sp. Agent self defense trial Hawaii, poss. drunk, intervened in situation within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; PilotOnline.com: Virginia and Local news for Hampton Roads, Va., from The Virginian-Pilot Agent drank 4 beers night of Waikiki shooting HONOLULU (AP) -- A State ...

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Thread: State Dept. Sp. Agent self defense trial Hawaii, poss. drunk, intervened in situation

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    VIP Member Array paramedic70002's Avatar
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    State Dept. Sp. Agent self defense trial Hawaii, poss. drunk, intervened in situation

    PilotOnline.com: Virginia and Local news for Hampton Roads, Va., from The Virginian-Pilot

    Agent drank 4 beers night of Waikiki shooting

    HONOLULU (AP) -- A State Department special agent accused of murder after he shot and killed a man at a Waikiki McDonald's in 2011 said he displayed his credentials and identified himself as a law enforcement officer in an attempt to defuse a hostile situation from escalating.

    Federal agent Christopher Deedy began testifying in his own defense Tuesday, one month into his trial in the killing of Kollin Elderts of Kailua.

    He said Elderts was aggressively bothering a customer. "The way he was acting, I thought there was a possibility he was under the influence of alcohol," Deedy said of Elderts.
    Just from this report is sounds like Deedy's mouth wrote a check that his butt couldn't cash. I can see him getting convicted of murder unless there's something unusual coming out. Funny that he is testifying about his training and not his instructor. Has the State Dept. washed their hands of him? Did no one at the academy tell him to MYOB in these situations? How did he figure that 4 beers in 5 hours was responsibly being armed and acting like an LEO?
    Last edited by gasmitty; August 7th, 2013 at 01:10 PM. Reason: to avoid copyright violation
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

    Guns Save Lives. Paramedics Save Lives. But...
    Paramedics With Guns Scare People!


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    Perhaps you might wish to see the surveillance video before passing judgment.
    Retired USAF E-8. Lighten up and enjoy life because:
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield

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    While I'm a firm believer that alcohol and guns don't mix, 4 beers in that amount of time, IF TRUE(????), didn't
    impair his judgment.

    This thread, as others, is yes another possible example of DAs trying to turn good guys into murderers.

    Now, I haven't followed any of this and know only the stuff in the OP's post, but if it is true that he identified himself
    as LEO and got the answer he got, got the attack that was begun upon him, and if true that he has some authority to act as an LEO where he was located, this would appear to be yet another "good guy to murderer" attempt by an overzealous DA.

    If he lacked LE authority in HA, then he should have just gotten out of the way and called 911; left it to the management
    to deal with whatever.
    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
    Andrew Jackson

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    A couple points in his testimony stand out to me, the first being that the incident occurred in gun-hating Hawaii. The second is his statement about the amount of alcohol he consumed. His "four beers, maybe less" will accurately be shown by the prosecution as evidence he drank himself to the point of uncertainty regarding the amount of alcohol he had actually consumed. "I know I didn't drink more than four beers because I never drink more than four beers when I am armed" opens him to yet another storm of difficulty. As a former black-out drunk, I know the only answer to give an LEO in the hope of my bacon is "Yes, Officer, I drank two beers". One of the reasons I don't drink at all any more is lessons learned from my drunken mouth's propensity to write large checks.
    Hopyard and NONAME762 like this.
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    From what I have read and after watching the videos Deedy is toast.
    When you have to shoot, shoot. Don't talk.
    "Don't forget, incoming fire has the right of way."

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    4 beers in 6 hours? I'd still be sober.

    I also don't carry in public when I drink.
    NONAME762 likes this.
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    Angry Drinking while carrying?

    The "special" agent showed really bad judgment by drinking while carrying. It's probably also against DOS rules/policy. Most federal agencies have strict carry/drink rules. He shouldn't have carry privileges - ever. JMHO

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    Quote Originally Posted by pittypat21 View Post
    4 beers in 6 hours? I'd still be sober.
    I'd just be full.
    NONAME762 likes this.
    Retired USAF E-8. Lighten up and enjoy life because:
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield

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    Quote Originally Posted by pittypat21 View Post
    4 beers in 6 hours? I'd still be sober.

    I also don't carry in public when I drink.
    I have never consumed a mere four beers in a six-hour period in my life.
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    "If I had my choice I would kill every reporter in the world, but I am sure we would be getting reports from Hell before breakfast."
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    Anyone know about jurisdictional issues? Was he or was he not legal when he claimed he was LE?

    The response he claims he got, approximately "you ain't gonna arrest me," says something fairly bad about the
    character of the dead guy. So, IMO, the whole thing would turn on jurisdiction.

    If he had LE authority and got that response and the two fought, I'd give him a pass. If he lacked LE authority and
    stuck his nose where it didn't belong, perhaps while a little buzzed, he should be toast.
    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
    Andrew Jackson

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    Quote Originally Posted by Hopyard View Post
    Anyone know about jurisdictional issues? Was he or was he not legal when he claimed he was LE?

    The response he claims he got, approximately "you ain't gonna arrest me," says something fairly bad about the
    character of the dead guy. So, IMO, the whole thing would turn on jurisdiction.

    If he had LE authority and got that response and the two fought, I'd give him a pass. If he lacked LE authority and
    stuck his nose where it didn't belong, perhaps while a little buzzed, he should be toast.
    Looking at the description here Sec. 2709. Special agents - Chapter 38 - Department of State - US Code - Title 22: Foreign Relations and Intercourse - January 01, 2011 - Order: 94 - 19203616 - Chapter 38 - Department of State - Id 19203616 - vLex, it seems as though this one acted well beyond any official authority when he initially injected himself into someone else's disturbance. No apparent felonies were being committed, and he was not in any official performance of his duties.
    "If I had my choice I would kill every reporter in the world, but I am sure we would be getting reports from Hell before breakfast."
    William T. Sherman

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    Just what is a "Special Agent for the Department of State" supposed to do?
    "Yet this government never of itself furthered any enterprise, but by the alacrity with which it got out of the way... The character inherent in the American people has done all that has been accomplished; and it would have done somewhat more, if the government had not sometimes got in its way."

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    Quote Originally Posted by maxwell97 View Post
    Just what is a "Special Agent for the Department of State" supposed to do?
    Click the link I posted right above your last post.
    "If I had my choice I would kill every reporter in the world, but I am sure we would be getting reports from Hell before breakfast."
    William T. Sherman

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    Quote Originally Posted by Mike1956 View Post
    Looking at the description here Sec. 2709. Special agents - Chapter 38 - Department of State - US Code - Title 22: Foreign Relations and Intercourse - January 01, 2011 - Order: 94 - 19203616 - Chapter 38 - Department of State - Id 19203616 - vLex, it seems as though this one acted well beyond any official authority when he initially injected himself into someone else's disturbance. No apparent felonies were being committed, and he was not in any official performance of his duties.
    It is a bit confusing actually as I read it: It contains this language: "(5) make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony."

    But it also contains: "(B) in the case of a felony or misdemeanor violation, if the violation is committed in the presence of the special agent.”

    But the way things are laid out it looks like the latter authority may have been rescinded and modified at some time, or perhaps added? I can not figure it out.

    We also have no clue just from this if there are any agreements between Hawaii (or any other state) and Uncle on the
    scope of authority Uncle's Agents may have to act as peace officers there.

    I would hope, but would not bet, that these issues have been examined prior to trial and perhaps litigated before anything went to a jury trial.

    So, if he went beyond the scope of his authority by all means he inserted himself into someones
    business and it went badly for him. If however he acted within the scope of his
    LE authority, especially if the "misdemeanor committed in his presence" language is still effective, then he should not be on trial.
    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
    Andrew Jackson

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    Back when I was an LEO in the 80's,unless it involved robbery or serious bodily harm/death we were basically told to call 911 and be a good witness,being off duty most LEO's do not have the less lethal equipment available to stop a threat such as pepper spray or baton,before the days of tasers,so you in essence are left with your hands on approach,many LEO's have been killed when over powered and had their own guns used on them,or you turn a heated verbal argument into a fatal one.
    Secret Spuk likes this.
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    --Mayor Marion Barry, Washington , DC .

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