Deedy murder trial day six, part twoUPDATED 7:33 PM HST Jul 16, 2013Video Transcript
slurs and insults. TP1 @ 1828-35 At this point, I just felt like I couldn't say anything else. They were arguing and I figured if they're going to fight they're going to fight. He says with Deedy's friend: pushing Elderts. Elderts pushing back. Medeiros too. That's when he says what he had already heard Deedy mumble more than once, projected in full: TP1 @ 2527-31 This time it was real clear, and said I'm gonna shoot you in the face. He said he was shocked when he saw the gun and watched what Deedy did next: TP1 @ 2847 Immediately as he drew it, he shot. The first one, a miss. A big punch by Elderts before they fell to the ground. Then he says, Elderts, doing what he could, to stop the shots. TP1 @ 3332 Deedy tried to break free of the grip, Kollin tried to hold on to his arms. But as the defense took their turn, they focused heavily on inconsistencies between Byrd's testimony and what he told police: differences in who Byrd says was starring down whom, how much he might have had to drink, and whether he colluded with friends to create the same story. Today, Byrd says his memory is clear and his story is straight. Over the peacemaking attempt... that came too late. TP3 @ 3538-47 Throughout this whole thing I said it's not worth it, stop it, let it go. That's what I did basically through out this whole thing. An important challenge by the defense today... as they try to stop witnesses from commenting on whether Deedy -- was justified in pulling out his gun. What happens next could be critical to the defenses' case. They are trying to get that opinion from an expert... not witnesses at McDonalds that morning.