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Originally published Wednesday, June 27, 2012 at 12:06 PM

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Defense: Racial slurs came before Hawaii shooting

Racial slurs preceded a deadly encounter at a Waikiki McDonald's, leaving a U.S. Department of State agent charged with murdering a Hawaii man, the agent's attorney claims in a request to move the case to federal court.

Associated Press

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HONOLULU —

Racial slurs preceded a deadly encounter at a Waikiki McDonald's, leaving a U.S. Department of State agent charged with murdering a Hawaii man, the agent's attorney claims in a request to move the case to federal court.

In papers filed Tuesday, Christopher Deedy's attorney says the agent intervened when shooting victim Kollin Elderts was harassing a customer with racial slurs.

Deedy, a special agent for the Bureau of Diplomatic Security, was in Honolulu in November for the Asia-Pacific Economic Cooperation summit when the shooting occurred.

The defense argues that moving the case will ensure a fair trial. In addition to Deedy being an employee of the U.S. government, federal court would be in a better position to move the case to another federal district if Deedy can't get a fair and impartial jury in Honolulu, the filing argues.

The Honolulu prosecuting attorney's office will oppose the move, spokesman Dave Koga said.

The transfer request was first reported by the Honolulu Star-Advertiser.

The papers include details from defense attorney Brook Hart, claiming Deedy intervened when he sensed an altercation escalating between the shooting victim, Kollin Elderts, and a customer, Michel Perrine.

"While at the cashier counter, Elderts began to verbally harass Perrine using racial slurs," the filing states. "Perrine asked Elderts to leave him alone, not to single him out, and stated words to the effect that he was a `local.'"

According to a transcript of the November grand jury proceedings, Honolulu Detective Theodore Coons testified that Elderts' friend Shane Medeiros told him about the exchange, saying that Perrine was "a little put off by his comment and then he said something to the effect that, you know, I'm local too, I live here too. And then Kollin told him, oh, it's - it's OK then."

Hart's characterization of the incident says Deedy was trying to prevent a physical attack. Elderts called the agent a "haole," the Hawaiian term for white, in a derogatory way, he said.

"Elderts threatened Special Agent Deedy by saying, `Eh, -- haole, you like beef?' or words to that effect," Hart says in the court papers.

At one point, Elderts tried to grab Deedy's gun, according to Hart, and the two men got physical. Deedy drew his gun and told Elderts to freeze, but he continued to advance.

"Special Agent Deedy was compelled to discharge his gun, resulting in the death of Elderts," the court papers claim.

"You don't shoot somebody because they called you a name, if they did," said Michael Green, the attorney representing Elderts' family in a civil lawsuit. "So when you're a federal agent and you get drunk, then you can shoot somebody for that?"

The judge presiding over the case in state court has sealed exhibits including Hart's detailed description of what happened, along with surveillance footage, arguing they could jeopardize a fair trial. Trial has been scheduled for Sept. 10 unless the case goes to federal court or is otherwise delayed.

Honolulu Circuit Judge Karen Ahn on Wednesday denied a renewed push by several media outlets to make public surveillance video and other documents referenced by prosecutors and Deedy's lawyer.

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Associated Press writer Oskar Garcia contributed to this report.

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