Court documents show new details about the shooting death of Kollin Elderts of Kailua in Waikiki in November of 2011.
Special agent Christopher Deedy has been indicted for his murder.
It was First Friday in November and Elderts had been celebrating two friends' birthdays.
Deedy was in town to provide security for the Asia-Pacific Economic Cooperation meetings.
Prosecutors say Deedy was partying on this night. He had been to Kings Pub, then Moose McGillicuddy's and the now-closed Coconut Willy's.
Both Elderts and Deedy wound up in the same McDonald's at 2:30 a.m., according to court documents.
The two started arguing. One witness who prosecutors say tried to break it up says Deedy appeared intoxicated and was slurring his words.
One of Deedy's friends also tried to break up the fight. But, according to court documents, witnesses say Deedy delivered a thrust kick and was heard saying, "I have a gun. I'm going to shoot you in the face."
Elderts reponded, "Shoot me then."
A witness says Deedy reached for his gun and that's when witnesses say Elderts punched Deedy in the face, knocking him to the ground.
As Deedy got up from the floor, court documents say Deedy pulled out his gun and fired three shots -- the last hitting Elderts in the chest.
Deedy has argued all along that this was not murder -- he was acting as a federal agent.
But, prosecutors say Deedy used unreasonable use of deadly force and instigated the fight that led to the shooting.
A jury trial is set for April.
Deedy's attorney Brook Hart is trying to get the case dismissed under federal immunity protection and plans to file a response by Friday.