The second trial for federal agent Christopher Deedy started Thursday with opening statements from the prosecution and defense attorneys.
"Within six minutes of them entering, Kollin is shot center mass in the chest," said Deputy Prosecutor Janice Futa.
The 30-year-old federal agent faces a new jury with a new defense attorney, covering mostly familiar territory.
"Let the evidence show he did not want Mr. Elderts to die, did not want to have to shoot Mr. Elderts, but he believed in accordance with his training. He acted in self-defense, in defense of others," said Tom Otake, Deedy's attorney.
Last summer, the first trial ended in a hung jury. Prosecutors say 2.5 years ago Deedy shot 23-year-old Elderts dead at a Waikiki McDonald's after what became a deadly encounter.
"It is done. For the defendant it is not done," said Futa.
Prosecutors will again paint Deedy as the aggressor drunk and on alert. While in opening statements Thursday, Otake said the evidence will show not only was Deedy sober, but doing what his training taught him to do.
"The defendant fueled by alcohol, was primed by alcohol, primed by warnings about hostile locals and ensued by a sense of entitlement," said Futa.
"The video will show you what happened that night. The video will show you he didn't just start shooting," said Otake.
In the courtroom, Deedy's wife and family and Elderts' family and friends watched.
Weary but ready for another round of a trial that stumped even the jury the first go around. This time each side hopes to prove what they believe happened that night.
Circuit Court Judge Karen Ahn said she will allow Deedy's defense to talk about the cocaine byproduct found in Eldert's eye fluid. But, they will not be able to show the clip of cell phone video showing Deedy helping Elderts after Elderts was shot.
Deedy is charged with second degree murder and firearms charges.