The federal agent charged with murdering a Kailua man at a Waikiki McDonald’s was malicious, grossly negligent and reckless when he “assaulted, battered and shot Kollin Elderts,” the victim’s family claims in a lawsuit.

The suit, filed by Elderts’ father, Kendall Elderts, and stepmother, Jenell Elderts, in Honolulu Circuit Court, seeks damages including funeral and medical expenses, as well as other general and punitive damages from Christopher Deedy. It does not specify a dollar amount.

Deedy, 27, was indicted this week for the Nov. 5 shooting death of Elderts, 23. He was released on $250,000 bail two days after the shooting, and made an initial court appearance Thursday.

The lawsuit alleges Deedy “initiated violence against (Elderts) by kicking (Elderts) in the chest with a martial arts maneuver, knocking (Elderts to the ground.” The suit says the two men then wrestled and Deedy “used excessive and undue force by pulling a pistol and shooting (Elderts), causing him to bleed to death at the scene.”

The lawsuit calls Deedy grossly negligent and reckless for “going drinking while armed with a loaded pistol” and describes his actions as “malicious, intentional, willful.”

Most of the information about what happened that night has come from attorney Michael Green, who filed the suit on behalf of the Elderts family. He has said the shooting occurred after Deedy and Elderts got into an argument and then a scuffle inside McDonald’s.

Deedy’s lawyer, Brook Hart, told Civil Beat Thursday he couldn’t reveal details about what led Deedy to allegedly shoot and kill Elderts, but said that there has been “a lot of misinformation” about the incident.

Hart said Deedy was defending himself when the shooting occurred and that Elderts was “drunk and angry” when he got into a fight with Deedy. Hart has said Elderts was the aggreessor.

Elderts had a blood-alcohol level of 0.12 percent, above the legal limit for driving, according to the city Medical Examiner’s office.

Elderts also had marijuana and cocaine in his system when he died, said Dr. Kanthi De Alwis, a forensic pathologist in the Medical Examiner’s office. She received results back from a mainland lab Wednesday.

She said she would not yet release the amounts of the drugs in Elderts’ system, and could not yet say how recently he had ingested the drugs prior to his death. That would depend on whether Elderts was a “chronic” or “acute” user, and De Alwis might only be able to narrow down the range to a half-day or full day.

De Alwis said that information could be discussed at trial.

View the full lawsuit below.

Michael Levine contributed to this story.

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