As an update to my previous postings, and according to The Associated Press, the 9th US Circuit Court of Appeals heard oral arguments today (June 11) in the case of US Diplomatic Security Service (DS) special agent Christopher Deedy, 30, who has been charged with 2nd degree homicide in the death of Kollin Elderts, 23, of Kailua at 0300 hours on November 5, 2011. 

Deedy reportedly had been bar-hopping on Waikiki prior to the shooting. The agent, who was armed with his DS-issued semi-auto pistol, shot and killed Elderts, who was unarmed, after the two had had an argument in a nearby MacDonald's restaurant. 

The Honolulu Civil Beat has reported that a jury has been selected for the second-degree murder trial. Opening statements are expected to be heard on July 8. The Honolulu prosecutor's office reports that nine men and three women have been selected as jurors.  The alternates include two men and two women. The trial is expected to run several weeks. 

COMMENT: A US District Court judge in August 2012 denied Deedy's motion to have the case moved to federal jurisdiction, which is the basis for the agent's appeal to the 9th US Court of Appeals. 

Deedy's defense counsel, Karl Blanke, told the appellate court that the case should be moved to a federal court because of publicity, racial issues and animosity toward the federal government in Hawaii. 

Deputy Prosecuting Attorney Donn Fudo rebutted by saying that Deedy took too long to ask for the change in venue. Blanke is asking the judges for an expedited decision.

At the time of the shooting, Deedy was temporarily assigned to providing protection for foreign dignitaries attending the 2011 Asia-Pacific Economic Cooperation (APEC) summit. According to witnesses, Deedy was apparently intoxicated at the time of the shooting. 

This report will be updated as new information becomes available.