Day fourteen of the Christopher Deedy murder trialUPDATED 8:19 AM HST Jul 31, 2013Video Transcript
Three shots fired. One that killed. But not the one you might think. Day 14 of the Christopher Deedy Murder Trial brought the prosecution's FINAL witness. And also the question of whether a federal agent was JUSTIFIED in firing his gun. As KITV4's Lara Yamada reports... it's the question... that could DECIDE this case. TAPE 1 @ 10258-10 This cashier is lifting up her hands up putting her fingers in her ears and the other is sort of like 'oh my god' her body language is startled. This is the exact frame investigators believe shows the first shot fired -- the night Kollin Elderts was shot dead -- the bullet found lodged in McDonald's back wall. But what came as a big surprise to many: it was the SECOND -- NOT the third shot -- that ultimately killed him. TAPE 1 @ 5932-52 It traveled this way in a slightly downward angle, and that's consistent with the movement as they were moving traversing in front of cashier and losing balance and falling backward to the area where the high chairs were. Detective Coons believes the burnt gun power on Elderts' shirt shows the fatal shot was fired at least several inches from his body. He says the third and final shot was fired when the two hit the ground -- but the bullet missed an already gravely wounded Elderts -- and lodged above the ATM machine. TAPE 1 @ 1239 There are three different experts... The question of whether Deedy was JUSTIFIED in firing his gun sparked a battle between lawyers -- as to whether THEIR witnesses can testify to that -- the judge ruling the jury should ultimately draw their own conclusions. But Detective Coons did say -- in any situation -- the use of deadly force can only be used if the public knows who you are -- and that officer feels his life is in immediate danger. TAPE 3 @ 4858 You have to know a crime is commited. You have to know that person is the suspect. And then you again must announce who you are tell them 'police or I'm an officer' and ask them to stop resisiting. Again you want to use the minimum amount of force at all times. Lara Yamada KITV4 News. Coons says officers are also REQUIRED to properly identify themselves -- meaning ANNOUNCING IT -- loud and clear. He says it's not just for their own safety -- but for the safety of others around them.