The Deedy Trial: Week Two

Smell of alcohol

First responding police officer Sterling Naki, HPD specialist Toy Stetch, and Retired HPD Sgt. Kenneth Schreiner all claimed this week on stand that Christopher Deedy gave off the smell of alcohol. “When he [Deedy] 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 on the stand. When Stetch was called to the stand she claimed, “First I noticed like a sour smell of alcohol, like when you’re sweating it out, on his person… as I got a closer and he spoke, I could smell it on his breath—a strong alcohol smell on his breath.” Lastly, when Schreiner was asked what his observations were he complied with this response: “I noticed his eyes were glassy and smelt of alcohol.”

Defense

Defense attorney Brook Hart counters that the police did not test Deedy for alcohol at the scene. In addition, defense attorney Karl Blanke revealed that Stetch’s report about the alcohol observation wasn’t filed until one year after processing Deedy. Blanke also found that Schreiner didn’t file that Deedy was unsteady and claimed possibly he was unsteady after a punch from Elderts. New developments explain why the police didn’t test Deedy’s sobriety as soon as possible: it would have violated the his Fifth Amendment privilege against self-incrimination. “The police couldn’t done anything to force him to take a test,” Attorney Victor Bakke said. “If they had tried, it would have been thrown out because they would have needed a warrant.”

Byrd’s testimony: Deedy’s friends inflamed situation

Alex Byrd walked in to the Waikiki McDonald’s right before the scuffle. He observed that Deedy was intoxicated. Byrd tried to prevent the argument but as he did, Deedy’s friends Adam Gutowski and Jessica West inflamed the argument, with West insulting Elderts and his friend Shane Medeiros. According to Byrd, Deedy clearly said, “I am going to shoot you in the face.” When the gun was pulled, the two grappled to the floor, and Elderts was on top, holding his arms down. When asked by Blanke about what he consumed that night, Byrd said “I had two beers and a shot ... over the course of 20, 25 minutes.”