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By Dave Toplikar (contact) 
Published Tuesday, July 12, 2011 | 12:23 p.m.
Updated Tuesday, July 12, 2011 | 3:24 p.m.
Benjamin Gerard Hawkins
Sun Coverage
Map of O'Sheas
O'Sheas
3555 Las Vegas Blvd South, Las Vegas
A Florida teacher who faces a murder charge from throwing a fatal punch last week to a Utah man during an altercation at a Las Vegas Strip casino is expected to be released on bail soon.
"He should be out by the end of the day," said Jack Buchanan, attorney for Benjamin Gerard Hawkins, 37, of Gainesville, Fla., who was charged in the death of John Massie, 46, of Roy, Utah.
The Clark County Coroner's office said Massie's death was a homicide caused by "blunt force trauma of head due to a fall, due to a physical altercation."
Hawkins, a social studies teacher and an assistant high school football coach at Bradford County High School in Starke, Fla., had originally been charged with first degree murder, which carries no bail.
However, the district attorney's office today amended the charge from first degree murder to open murder, which gives a jury more options for a conviction, including a lesser offense, such as involuntary manslaughter. During a bail hearing today before Justice of the Peace William D. Jansen in Las Vegas Justice Court, Jansen set Hawkins' bail at $25,000, although prosecutors argued for $100,000.
Part of the reason for the reduced bail was that the judge received a character reference letter for Hawkins from the sheriff of Bradford County, Fla., Buchanan said.
The judge also reset Hawkins' preliminary hearing from next week to 8:30 a.m. Sept. 28. That will allow Hawkins to be able to return home, Buchanan said.
"He will come back for all of his court appearances," Buchanan said. "He can get back to teaching and his kids."
Buchanan said Hawkins will be better able to help with his defense outside of the Clark County Detention Center, where he has been since July 6.
"We look forward to seeing this thing through," Buchanan said.
According to police, the altercation took place about 12:40 a.m. July 5 on the casino floor at O’Sheas, 3555 Las Vegas Blvd. S.
A police report said Hawkins and Massie were inside the ground-floor restroom when Massie made a comment to Hawkins that Hawkins considered to be racial about “a black man in a yellow shirt.”
A surveillance video that captured their actions as they left the restroom showed Massie in front of the Burger King at O’Sheas with his hands in his pockets, saying something to Hawkins. Hawkins then said something to Massie, then turned his back as if to walk away, according to police.
“Hawkins then turned very quickly and threw a right-hand punch, striking Massie on his left cheek/jaw,” the report said. "Massie fell straight back onto his back/head at which time his hands came out of his pockets." In the video, Massie is not seen moving after the punch.
Police responded at 12:46 a.m. to a report of a person unconscious and not breathing. Massie was taken to Desert Springs Hospital, where he was pronounced dead at 1:08 a.m. July 6.
Hawkins told police he told Massie to “shut up” and Massie asked him “what are you going to do about it?” Hawkins said he interpreted Massie’s actions as aggressive and was afraid that Massie would punch him in the back of the head if he turned around, so he punched Massie, according to police.
The Associated Press has reported that Hawkins' wife said he was defending himself when he threw the punch.
"It just looked like he wouldn't leave my husband alone," said Leticia Hawkins, 35, a banker from Gainesville, Fla. "My husband was defending himself."
25k bail and he's not out yet?
Manslaughter, maybe, but not murder.
Manslaughter or murder, dead is dead, he had a choice not to throw that punch
Right handed punch to Mr. Massies left cheek... So when Mr. Hawkins turn as to walk away he actually positioned him self outside of Mr. Massies Peripheral vision to gain an advantage on him. As this unfolds it could be upgraded to a hate crime if he acted with malice.
I would at lest like to get a vision of what Mr. Massie's build is. Was he 5'7'' or 6'2" and what about his weight was he 120 lbs. or 260 lbs.
Also the video will also show who went to the restroom first THAT is what I would want to know if I were on a jury. That alone could tell who pursued who.
Throw the book at him. Totally unacceptable.
Loser has no character. And don't
even try to say it was self defense.
The other guy had his hands in his pockets.
I totally agree, Brock. This is a typical move that coward gang bangers and thugs do on a regular basis, sucker punching a victim.
I'd think after the hearing bail will be set higher if the video shows what we have been told. Guess we will have to wait and see. But from the stories we been told it sounds like a case of something less than murder. Im sure he will be offered manslaughter. Time will tell.
At this point I'm curious what the inventory of the victim's pockets shows.
Having the sheriff of your town give you a character reference is pretty strong stuff. (Okay, maybe not from here.)
I am interested how a punch to the jaw was lethal. Did Massie have some congenital defect or something? The coroners report will be interesting.
Hawkins is going to be doing some time for this. Just like if you run a red and kill someone in the process.
Black guy throws a punch, hitting and killing White guy for making racial remarks and the Black man must have been the instigator and the White guy the victim.
White guy throws a punch, hitting and killing Black guy for making racial remark and the Black man must have been the instigator and the White guy the victim of this scary Black man.
Look at all these bigoted gun totting dimwits making comments. More so this clown teabagger "fedupwithgovt." This clown is classifying the African American without having all the facts and ignoring the allegation that racial remarks were made.
Pathetic bagger.
The legal proceedings sound about right. A homicide was committed, but what was the level of crime, if any? Hard to know until all the facts are in. My guess is that he's going to do some time, maybe 4-12 months.
I'm not sure about getting this guy "back to his kids" though. I hope he's suspended from his coaching duties until this is resolved.
Two observations...
Sheriff Buchanan said, "He can get back to teaching and his kids."
Who wants their kids being taught by a guy who is subject to homicidal rages?
Hawkins wife said, "My husband was defending himself"
The video shows the victim standing there with his hands in his pants pocket! It is hard to be an aggressor when your hands are in your pockets.
This incident is an example of rage that has cost someone their life. Now, everyone will be trying to make excuses for the offender's behavior.
"The Clark County Coroner's office said Massie's death was a homicide caused by "blunt force trauma of head due to a fall, due to a physical altercation.""
Umm, parsing this out, I think it means the death was caused by falling and hitting his head, and that the punch caused the fall. Maybe some criminal/defense attorneys out there could clarify how this impacts the criminality of the incident.
Many of these tragedies are fueled by right wing hate talk radio. Palin referred to Obama as a "sugar daddy" (a pimp) who ran out of "sugar" -(drugs). Limbaugh told a black caller to: "take the bone out of your nose." Beck said that: "Obama hates white people." Fox News Huckabee said that "Obama was raised in Kenya to supported the Mau Mau." With the racism spewed by their heroes, the Teapottery emulate their "dittohead masters," have a few drinks, and spout off the same type of incendiary racist rhetoric.
This sometimes can have tragic consequences. We need the fairness doctrine and advertisers should not support bigots.
What LVChiGuy said.
MRED always finds a way to turn something tragic into attacking conservatives. Just amazing and pathetic, throw in the call for the "fairness doctrine" an affront to freedom of speech, but again that's typical from the far left.
Even the defendant doesn't know what the guy said so nobody here can claim he made a racist remark he heard "black guy...yellow shirt" Racist? Hmm
And lets say for argument sake he did make a racist comment the "victim" can just as likely be a radical leftist who is against freedom of speech like mred, as he could be a conservative.
Tragic incident, two families lives turned upside down. No politics here.
Once again his wife states this guy would not leave her husband alone. Why were these 2 idiots in a verbal fight before it got physical?
This guy is going back to teaching?
Doubtful, with a murder hanging over his head
If the video truly shows Massie had his hands in his pockets..I simply don't know how you can plead self defense. Sounds like a laughable excuse.
Sounds like one guy with a big mouth and another with a bad temper. A recipe for disaster.
Hawkins should do time. Can't sucker punch someone like that, intent to kill or not.
Massie (victim) asked him "what was he going to do about it", and Hawkins blasted him with a strong right hook. Not a sucker punch. So he turned his back and thought about for a slpit second. 47 year old victim was an idot for saying that and having his hands in his pockets. Utes have no street smarts
@jimmyjammin
People with a brain in their head know to laugh off those childish words of bravado. Unless Hawkins was in danger (with a guy mouthing at him with hands in pockets that is extremely doubtful), you don't haul off and hit someone.
What next?.."I dare you, I double dare you"
Hawkins is an idiot. Smart people diffuse those situations by realizing it's not worth getting into a brawl...and ending up in jail.
There's always going to be punks in this world. If your attitude is to go after them with violence...good luck with those prison visits by your spouse.
Without other witnesses who over heard the conversation, all we got is Hawkins side of the story. Ever watch cops when they seperate the people and hear both sides of the story. Each claims the other is the person in the wrong. There might be good enough video for a lip reader to make out some of the converstion. Requardless of who said what, Mr. Hawkins had the opertunity to walk away and he chose to hit the victum on the side of the head resulting in his death. Mr. Hawkins will be convicted and it's just a matter of how much time in jail-prison he spends.
Here is the NRS section on Crimes Against Persons - http://www.leg.state.nv.us/nrs/nrs-200.h...
I think they could convict him of voluntary manslaughter but I think they will plea him to involuntary manslaughter and that will be a D felony which is 1 to 4 years.
He will serve time. I don't see them not giving him time.
Here is some NRS on using fear as defense in court against a charge for killing someone.
NRS 200.130 Bare fear insufficient to justify killing; reasonable fear required. A bare fear of any of the offenses mentioned in NRS 200.120, to prevent which the homicide is alleged to have been committed, shall not be sufficient to justify the killing. It must appear that the circumstances were sufficient to excite the fears of a reasonable person, and that the party killing really acted under the influence of those fears and not in a spirit of revenge.
I don't know the facts but what little I read I don't think he has a good fear defense. It probably out of the spirit of revenge especially since according to reports he hit the guy and the dead guy did not lay a hand on him.
Of course he can be sued in civil court for the killing, too.
That's what I want to know. Not that it matters much, but what exactly instigated this tragedy? Someone simply does not call out someone in the mens room over nothing. Something preceded this. Why the wife isn't elaborating when she already made a statement is beyond me unless she is hiding something.
I'd love to know what kind of idiotic incident led to this death.
The question is who followed who to the spot where the punch occurred? If Hawkins followed this guy, there's no way in hell he can use a fear defense.
Comment removed by moderator. Language, just one word out of forty.
Just going to say it: if this were a white man killing a black man oh my god the hate crime would be all over this. Notice how that not one person brought up the race card when it's a black man killing someone. Just saying!
IMO, the video is going to make Hawkins look real bad with the self defense claim.
@TomD1228 I read that Mr. Hawkins followed Mr. Massie out of the restroom at what time interval I am not privy to. But my question is this who followed who to the restroom and were they aware the other was in there. Could it be (speculation) That Mr. massie left the table to avoid an altercation, Or did Mr. Hawkins leave the table to avoid trouble and the other follow. I am sure the D.A. has the answer to that question and may be the reason for the charge of murder instead of manslaughter.
@Talkingman I think the school is out for the summer right now so I don't know why that Sheriff would have said what he said about Mr. Hawkins being returned to his kids. And if the sheriff don't know there on break then there goes his credibility right.
@casino kid
What I don't understand is that the police have some statements from Hawkins about what transpired...why isn't anyone asking him what led to the verbal confrontation?
I don't get it. The police got a a statement from him and words have been printed about what was said...what the hell started this?
No one insults someone in the mens room on a whim. What happened at the tables, or at the slots, or at the cashier that brought these 2 men to an altercation???
You know what's unbelievable? If you go to the Gainesville, Florida newspaper and look at the comments section from readers...99% of them are calling this self defense without question. The worst one was that Massie putting his hands in his pocket could have meant he was going for a knife.
I had to laugh reading some of the excuses to exonerate this guy.
25 k bail for killing a man. while he is waiting to get out of jail, i was getting ready to go to the funeral home for john massie. tomorrow when john is getting buried,hawkins will probably be flying home.some how it just doesnt seem fair.
I can't believe they are worried about Hawkins getting back to his kids and teaching. I do not feel he should be around kids with a temper like he has. It is sad to thing that Hawkins could be out on bail tonight. Yet, I attended John Massie's viewing tonight. Massie's children do not get their dad back! I do not get my boyfriend back! I understand that 2 families are hurting with this. But, Hawkins made a fatal punch. He will have to pay the consequences. A man is bead because of him. Because of Massie's death, his 14 year old son who he has full custody of will have to move out of state with his mom. He did not do anything to deserve his dad being gone. It is a horrible situation for many people. I lost the love of my life- yet his murder will get out on 25K bail so he can get back to his family. We do not get the choice to have John back with us. I feel sorry for the Hawkins family as well. But, at the end of the day- a man is dead because of Hawkins actions. He will have to pay the price!
Very tragic. My condolences. There isn't much that can be said to make his family feel better. I also think it's a travesty that he's getting out on 25k bail. Whatever transpired between these 2 men...Mr. Hawkins took it to a violent level. He will have to suffer the consequences.
About a year ago a black man tried to stop a fight between a white couple. The two men fought and later the white man attacked the black man again, in front of the crowd at the party they attended, this made the newspapers and the white man was released and no charges were filed. All of the usual excuses were made by the authorities, "we can't determine how he died" it takes a deviant and delusional mind to wonder why people like you are so hated.
https://www.facebook.com/search.php?q=Jo...
Did it occur to any of you when they talk about him going home to his kids they are not referring to his students. This man has kids at home. This could happen to anyone, lots of people have fights that don't turn out this way. Tragic for both sides but know all of the facts before you go crazy with talk.
The new attraction on the strip seems to be violence..Stabbings, beatings, murder etc. The hotels should give survival discount tickets to the tourists for return visits..The summer always brings a lot of bottom feeders to town but this seems to be a year round thing now..Lovely..
@macho man
Did it occur to you..if it's important for Mr. Hawkins to get back to his kids (his own or school kids) then maybe he should have thought twice about throwing a punch at a guy with his hands in his pockets. Mr. Hawkins isn't a street thug. He isn't 18 years old. What's with the violent punch. Being "disrespected"?
This also could NOT happen to anyone. Most people who can control themselves don't get physically violent over "the black man with a yellow shirt" or "what are you going to do about it" childish bravado comments. Hawkins took it to a level that level headed people would avoid. This wasn't a street fight of 2 guys brawling and one happened to throw a punch that killed the other. All indications from the video are that Hawkins took the words "what are you going to do about it" and acted like a playground thug and threw a punch at a guy who had no chance to protect himself. Video shows him falling backward, head slams on ground, hands fall out of pocket. Dead.
He should have worried about his kids BEFORE he acted violently. I don't buy this idea he was protecting himself. Massie's hands were in his pockets! I'm not by any means excusing Massie for the verbal confrontation/harassment...but, he's dead and you can't get his side.
Hawkins had no reason to get violent. Now he goes to jail. Self defense my @ss.
The best Hawkins can come up with is "black man in yellow shirt"?
I think the correct sentence should be 6 to 8 years since it was cowardly, unnecessary attack.
Really doesn't matter what led up to the assault. Hawkins pursued Massie and had no legally justifible reason to sucker punch him.
His sister says he's depressed and remorseful...same old garbage with people who don't think before acting. It's always after the fact that they express feelings of remorse. In this case a man is dead. I don't care what character references this guy has..you don't throw a jaw punch at a guy with hands in his pockets.
How wonderful it must be for the victim'sfamily to see his murderer released so he can go home and be with his kids. Another fine Nevada judge proving to be a shining example of the NV Court system, where killers are set free but a guy trying to meet an underage girl gets 30 years. What a joke. Should have been prosecuted as a hate crime from the get go. The victim had the unfortunate affliction of being white, however, and therefore receives none of the protections a minority would enjoy.
LVRJ has more details on this story.
http://www.lvrj.com/news/bail-set-at-25-...
Amazing how this turn into a racial thing, john is dead and unable to tell his side, the coward Benjamin Gerard Hawkins hitting a man from behind claims to be protecting him self. because john who had his back to Ben and had his hands in his pocket was a threat . wow ben hits a man from behind kills him, knowing the victim cannot say anything claims Racial. guess we all have the right to hit people if we don't like what they say, and if you kill them. that's ok too. remember this is one person account of what happen knowing he was wrong he would never lie according to the press. I have been insulted many times from African Americans never hit them, haven't we seen programs that people who get caught on video stealing a car or cheating on there partner first thing that comes out of there mouth is a lie. guess if your a teacher your never going to lie.