"He yelled, 'If you're going to shoot me, then [expletive] shoot me!''
Day 5: Witnesses, first responders take the stand
Taylor Auyoung said she was at McDonald's when the confrontation began, and was the only one of her friends who was sober the morning of Nov. 5, 2011.
She said she didn't hear what 23-year-old Kollin Elderts said to a customer at the counter, nor what Special Agent Christopher Deedy might have said to Elderts when he walked over to Elderts' table.
But, she said she did hear what Elderts said in return and remembers what some people did when a fight broke out between the two.
"I heard him yell, 'If you're gonna shoot me then [expletive] shoot me! (People) were egging him on. They were yelling 'chee-hoo,'" in excitement, she said.
She said she doesn't know who started the fight, but heard the "pop pops," then ran out the door.
Another witness, Alexander Byrd, also took the stand on Monday.
He said he heard Deedy rambling and acting drunk before he stepped in to try and stop the fight.
The defense also called into question the actions of the first police officer who talked to Deedy after shots were fired.
Moments after the shot that killed Kollin Elderts was fired, a witness started recording.
On the cellphone video you can hear sirens blaring and people crying.
Honolulu Police Department officer Sterling Naki testified that the scene was so chaotic, he didn't initially think to ask the man hovering over Elderts who he was or why he was there.
"It appeared the defendant knew what he was doing," he said.
"Did you ask agent Deedy if (he is) an officer?" asked defense attorney Brook Hart.
Naki said no.
"Did you ask everybody where the gunman went?" asked Hart.
"I asked everybody, except for the defendant," said Naki.
Naki said with dispatch saying the suspect may have run out the door and Elderts gravely wounded, he focused on helping Elderts.
But he testified when he spoke to Deedy, he could smell alcohol on his breath.
"His eyes had a dazed, glassy-eyed look; his speech was slightly slurred but not bad. He was not stumbling words," said Naki.
On the cellphone video, you can see emergency crews and more cops arriving, witnesses still roaming around, one even picking up Elderts' cellphone that was sitting on a counter nearby.
Naki said he remembers Deedy's actions, but not his words, until he said Deedy said this:
"He said he had a gun. I said a gun? He said yes. I have a gun. I shot him," said Naki.
Naki says Deedy then walked to officers, said he had a gun, said his head and jaw were hurting, and then surrendered completely.
Copyright 2013 by KITV All rights reserved. This material may not be published, broadcast, rewritten or redistributed.