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Deedy surveillance video — Honolulu Trial

Deedy surveillance video -- Honolulu Trial

A quick update: late yesterday the Star advertiser published the two videos that the defense and the prosecution I wanted to put in the evidence on the Christopher Deedy case. Both of these videos are linked below. Watch on your own. After you watch the videos please read on to see what I think about them. And then, let me know if my analysis is crazy, or close to correct:

Hawaii News Now – KGMB and KHNL

 

Hawaii News Now – KGMB and KHNL

Deedy’s surveillance video changed my mind.

I don’t for any reason think this video exonerates Deedy. Yes, at one point he is on his back, but that’s not when the confrontation starts. The issue here is about the beginning of the confrontation. Does Deedy start or exacerbate the trouble in this case? Because if he did, he probably can’t claim self-defense. Put another way, was it legally allowed or him to do so? Watching this video I don’t think the answer is certain I definitely don’t think this is a slamdunk quote no”.

Another way to put it, “but for” Deedy getting involved, would someone die or be substantially injured here? That’s not exactly the standard, but that’s the common sense close version.

Deedy is not allowed to use deadly force if he precipitates the necessity of deadly force. The question for the jury is whether Deedy exacerbated the fight to that level disproportionately. On the other hand if Elderts reactions to what was going on was unreasonable, and it precipitated the deadly force,  then it may be that Deedy’s in the clear. This video doesn’t clear Deedy for me.

To me part of the problem in this video is the fact that while Deedy was supposedly  acting as a police officer, a female who he came to McDonald’s with is standing between him and Elderts. What that means is the female does not think he’s acting as a police officer!  If she thought he was acting as a police officer she wouldn’t be involved. She’d be in the back, letting him handle what’s going on. But she doesn’t let him handle what’s going on. She’s trying to hold him back. That means his own friend believes he is not in control of his own person enough to make the correct decision. His own friend doesn’t think he is in a state  to act as a police agent.

At this point the final evidence really comes down to Michel Perrine. Perrine is the guy who Elderts was purportedly bullying before Deedy got involved. So the question becomes: how bad was the bullying. If Elderts is needling Parrine, no way Deedy gets to come over. If Elderts is really scaring Perrine, who is really scared for his own safety, actual physical safety, then Deedy may be legally justified in the shot.

Very glad I am not a member of the jury in this case. No matter what, no one wins.



Hawaii Criminal Defense: The Legal Blog

Issues in Hawaii Law.

Below is a collection of Articles I've written about Hawaii law.  Most are about criminal defense, Honolulu trial work, or future legal trends. Courtroom experience is probably the most common.  Others are comments on local or national law.  Hopefully there is something for you to find and enjoy.  If nothing else, you'll see the way I feel about certain issues, and the thought processes I put into legal problems we solve.

And some stories are just too funny NOT to tell.......

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