A federal agent charged with murder in the death of 23-year-old Kollin Elderts over the weekend, is free after posting $250,000 bail.

The U.S. State Department confirmed Monday that special agent Christopher Deedy was in Hawaii for the APEC convention.

The Medical Examiner said Elderts died of a single gunshot wound to the chest with injuries to his lung.

The fatal shooting happened at the McDonald's Restaurant on Kuhio Avenue early Saturday morning.

Attorney Michael Green is representing Eldert's family in a potential civil case and has launched his own investigation.

He said Elderts and some friends were at the Chinatown bar SoHo Friday night, before Elderts and his best friend went to the Waikiki McDonalds for a bite to eat.

Elderts was standing in line when Deedy walked in with three friends, Green said.

"What the witnesses say is that at one point, the agent, who apparently appeared very intoxicated, asked my client if he'd like to get shot. And everybody was stunned," according to Green.

Deedy kicked Elderts in the chest, causing Elderts to fall to the ground, Green said.

"He got up, they grabbed each other and there were three shots fired,"