HONOLULU — When jurors begin deliberating the fate of a federal agent accused of shooting and killing a man in Waikiki, they can only either convict or acquit him of murder.
Jurors won’t have the option of convicting State Department Special Agent Christopher Deedy on a lesser charge of manslaughter. He’ll either be convicted of second-degree murder or cleared of any criminal wrongdoing, the Honolulu Star-Advertiser reported (http://ow.ly/nVGXa ).
The jury could begin deliberations Thursday after hearing closing arguments. Deedy is charged with second-degree murder in the 2011 shooting death of Kollin Elderts in a McDonald’s restaurant. He testified he was acting in self-defense and protecting others from an aggressive Elderts. The prosecution claims Deedy was intoxicated and inexperienced.
Elderts, 23, of Kailua, died of a single gunshot wound to the chest.
Circuit Court Judge Karen Ahn on Tuesday said neither the prosecution nor the defense asked her to instruct the jury that it could consider manslaughter.
“I don’t think there’s any evidence to support reckless manslaughter,” Ahn said during a hearing on instructions the jury will receive.
Deedy, 29, of Arlington, Va., was in Honolulu to help provide security for the Asia-Pacific Economic Cooperation summit.
Second-degree murder carries a mandatory term of life in prison with possibility for parole. Manslaughter would have meant a term of up to 20 years.
Closing arguments come after 20 days of testimony, including three days with Deedy on the witness stand, over a span of five weeks. The defense rested last week.
Information from: Honolulu Star-Advertiser, http://www.staradvertiser.com