Christopher Deedy, a special agent with the U.S. State Department, was compelled to shoot Kollin Elderts inside a Waikiki McDonald's last year after fearing for his life and those around him. That’s according to a Tuesday filing in U.S. District Court by Deedy’s attorney, Brook Hart

Hart filed the motion in the hopes of moving his client's trial from Circuit Court to federal court, where he believes Deedy has a better chance at an impartial jury.

According to Hart's petition, Deedy shot Elderts to death at about 2:30 a.m. Nov. 5 only after the Kailua man harassed another customer and then focused his aggression toward Deedy and one of the special agent's two friends, Adam Gutowski. Deedy was in Honolulu to provide security for the Asia-Pacific Economic Cooperation summit, but was off duty at the time of the incident.

Deedy, 28, is charged with second-degree murder in the shooting of Elderts, 23, inside the Kuhio Avenue McDonald's after an argument escalated into a physical confrontation.

According to the documents filed in federal court, Elderts and his friend, Shane Medeiros, began harassing fellow McDonald's customer Michel Perrine with racial slurs while all three were standing in line.

As Elderts and Medeiros continued to harass Perrine from another table, Deedy took notice of the situation and attempted to intervene. Hart said Deedy asked Perrine if he was all right, and soon after, Elderts turned his aggression toward the special agent.

According to the filing, Elderts threatened Deedy by saying, "Eh, (expletive) haole, you like beef?"

Hart claims when Deedy pulled out his credentials and a federal badge, Elderts asked Deedy, "Are you going to shoot me?”

Hart goes on to say that Elderts reached for something in his waistband and suddenly went around Jessica West, one of Deedy's two friends, as well as a bystander, Alexander Byrd. That's when Deedy employed a frontal kick to one of Elderts' legs as a defensive move.

Seconds later, Hart alleged that Elderts and Medeiros began assaulting Gutowski with kicks and blows to the head. As Deedy stepped toward Elderts, Medeiros and Gutowski, Elderts turned toward Deedy and punched him in the head, causing Deedy to fall to the floor near the McDonald's counter, according to the defense attorney’s account.