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Benjamin Gerard Hawkins listens to testimony during a preliminary hearing in District Court Tuesday Feb. 28, 2012. Hawkins, a Gainesville, Fla., teacher who was on vacation, is facing charges of involuntary manslaughter in connection with the death of another tourist after an altercation at O’Sheas in July.
By Jackie Valley (contact) 
Tuesday, Nov. 27, 2012 | 8:30 p.m.
Chief Deputy District Attorney Maria Lavell asks a question during a preliminary hearing in District Court Tuesday Feb. 28, 2012. Benjamin Gerard Hawkins, a Gainesville, Fla., teacher who was on vacation, is facing charges of involuntary manslaughter in connection with the death of another tourist after an altercation at O'Sheas in July.
Sun Coverage
- Teacher to be arraigned next month in Strip casino punching death (4-24-2012)
- Teacher to stand trial in punching death at Strip casino (2-28-2012)
- Attorney: Man charged with murder in O’Sheas altercation expected to make bails (7-12-2011)
- Police: Race-related comments preceded fatal punch at O’Sheas (7-6-2011)
- After slayings, Metro shifts resources to Strip (7-6-2011)
A confrontation that began in an O’Sheas bathroom spilled onto the casino floor, leading to one punch and a man dead, witnesses recalled Tuesday, the first day of Benjamin Hawkins’ trial for involuntary manslaughter.
The man dead was 46-year-old John Massie, a Utah resident visiting Las Vegas on July 6, 2011. Hawkins, also a tourist visiting from Florida, was the man who threw the punch.
The Clark County coroner later determined Massie died from a brain injury sustained when his head hit the floor, not from the punch. Hawkins was charged with involuntary manslaughter.
Before prosecutors called six witnesses to testify, Hawkins’ defense attorney, Jack Buchanan, asked the jurors to consider what prompted the defendant to throw the punch.
“It’s a why,” Buchanan told the jurors. “Why was it done?”
The defense’s assertion is this: Massie flung a racial insult at Hawkins in the bathroom and, after the two exchanged words, continued the confrontation on the casino floor, leading to the defendant feeling threatened and acting in self-defense.
Prosecutor Maria Lavell, a chief deputy district attorney for Clark County, painted a different picture for the jurors during her opening remarks: Both men did converse outside the bathroom, but their arms were down when Hawkins suddenly turned and punched Massie, causing him to “fall like a tree.”
The defense and prosecution’s opening remarks set the stage for a jury trial that likely will last several days. The case is being heard before Clark County District Court Judge Valerie Adair.
The first witness called by the prosecution was Massie’s 23-year-old daughter, Crystal, who described her father as a former Air Force member who, at the time, worked as a civilian at Hill Air Force Base in Utah. She testified that she never knew her father to be racist.
Benjamin Gerard Hawkins, center, confers with attorneys James Kelly, left, and Jack Buchanan during a preliminary hearing in District Court Tuesday Feb. 28, 2012. Hawkins, a Gainesville, Fla., teacher who was on vacation, is facing charges of involuntary manslaughter in connection with the death of another tourist after an altercation at O'Sheas in July.
The next two witnesses — men who saw and overheard the pair’s initial exchange in an O’Sheas restroom — testified they heard Massie comment about how Hawkins, a black man, was wearing a yellow shirt.
The men said Massie appeared “jovial” or “happy-go-lucky,” albeit slightly intoxicated, while inside the restroom and that his comment seemed to upset Hawkins.
August Klotz, one of the witnesses inside the restroom, said Massie had appeared to “pat” Hawkins’ shoulder and arm. Hawkins then told Massie to get his hands off him, Klotz testified.
Hawkins reiterated the request a few seconds later, telling Massie he would knock him out if he didn’t remove his hands, Klotz told the courtroom.
Massie replied in a way that suggested he doubted that would happen, then left the restroom, Klotz testified.
Surveillance video played in the courtroom showed Massie exiting the restroom first, followed by Hawkins several seconds later. By then, the pair were in front of a Burger King inside the casino.
The video showed Hawkins starting to walk past Massie when the two have words again. Hawkins then appears to start walking away, but after he makes several steps, Massie begins moving behind him. That’s when Hawkins spins around and punches him.
Dana D’Aigle, a tourist visiting from Minnesota that day, testified she saw the two men speaking in “elevated voices” as she walked past them toward a garbage can. When she turned around, she observed Hawkins punch Massie.
“It happened really quickly,” she said.
Kathryn Schaff, a tourist visiting Las Vegas with D’Aigle and other friends, was standing across the way from D’Aigle, viewing the incident from the other side.
Schaff testified that, from her vantage point that day, it appeared Massie was standing behind Hawkins with his hands at his side just before Hawkins turned and punched him.
Judge William Jansen listens as security officer Oscar Velasquez testifies during a preliminary hearing in District Court Tuesday Feb. 28, 2012. Benjamin Gerard Hawkins, a Gainesville, Fla., teacher who was on vacation, is facing charges of involuntary manslaughter in connection with the death of another tourist after an altercation at O'Sheas in July.
After viewing the surveillance footage, Schaff acknowledged that Massie appeared to move behind Hawkins. Even so, Schaff testified that she didn’t perceive Massie doing anything “aggressive” in the seconds before the punch.
The punch caused Massie to land flat on his back. He was later pronounced dead at Desert Springs Hospital.
Oscar Velasquez, a security guard working at O’Sheas that night, testified that he responded to the scene within seconds and spoke with Hawkins, whom he described as calm and matter-of-fact.
Hawkins said Massie had been racially insulting and following him, Velasquez testified.
Hawkins, who worked as a teacher in Gainesville, Fla., has been out of custody on his own recognizance. He appeared in court Tuesday wearing a gray suit and glasses, as his family watched the proceedings from the public seating.
Hawkins is expected to testify later this week.
I have little doubt that Massie was likely intoxicated and obnoxious....but you can't essentially sucker punch the guy. Hawkins temper got the best of him.
This guy never felt threatened. I'm sure he planned on sucker punching the victim if he got the chance the whole time. There is a reason why they charged him...it's not because the numerous cameras in O'sheas showed he was just an innocent victim. They jury will see the real story...the cameras.
Chunky says:
Hawkins had the choice to continue walking away or even running away. He was not cornered or unable to escape or evade the "threat" such that it was.
Racial slurs are awful but not worthy of physical self defense.
This also strikes down the mythic headlines the media uses such as "XYZ shoots and kills unarmed man". Obviously from this case an unarmed assailant can kill you.
Win or lose, Mr. Hawkins has to ask himself now would he do it all over again if he knew it would go this far. Would he be willing to sit in prison having ruined his life and the life of his family and say "yes, I had no choice and would do the same thing again even if it means prison and loss of freedom".
He could have just as easily yelled for security and tried to evade if he was being followed.
That's what Chunky thinks!
Wow, if Hawkins was a Metro cop we wouldn't be having a trial. There are 20 decision memos on the district attorney's website that clearly establish the standard required to claim self-defense in Clark County. Wolfson has set the precedent that if the a person claims to fear for his safety he is justified in taking a life.
From his initial decision not to charge the Henderson cop who savagely kicked the skull of a man in the throes diabetic coma....to his acceptance of junk science like excited delirium....to his mindless acceptance of Metro's version of events no matter how much they violate the rules of physics or the space/time continuum....to his refusal to make potential child predator answer for his crimes...to this travesty, Steve Wolfson continues to tell us how hiring him to replace David Roger was the one of the county's biggest mistakes.
I read nothing that justified any act of self defence on the part of the defendant. Being insulted even if true does not justify an act of physical response in the form of a physical blow. If he had attempted to block a blow or shielded himself from a physical attack that caused the deceased to die, then there is reason to believe it was self defence. Other wise it's murder even if unintentional although it may have been percived as a consquence before the blow.
Hawkin will be joining O.J.
Hawkins had a lot of other choices like walk away,call security,atleast wait until Massie proved to be a physical threat,but he had to man up and he is guilty of taking anothers life. Was there racial insults,there is no proof of that and if evryone punched and killed someone over a racial insult ther would not be many people walking the streets. Of course a black can call someone else anything the chose it is written down somewhere I just don't know where.
Hawkins is guilty of manslaughter and should serve some time for it. A sucker punch ended a man's life and he threw the punch. A racial slur is not a physical threat so it should not be allowed in a court of law as a defense.
being a teacher has nothing to do with this so why is that in the title?
Comment removed by moderator. Inappropriate
From what I read, yes it looked like Hawkins hit another man unprovked on video, but we don't know what all was being said by Massie, for all we know he could have been telling Hawkins he was going to hit him, or telling him to turn around and fight, perhaps someone from a distance saw Massie get behind Hawkins and said "turn around he's going to hit you from behind" thus causing Hawkins to swing, we really don't know. There is a witness saying that Massie might've patted him on the shoulder, and in a confrontation, that can be looked at as a sarcastically aggressive move. Any of those things could have caused Hawkins to fear for his life or safety, putting him on gaurd. The fact that he is a teacher will also help him because that reflects his character as a good person serving the community, and will also make people question if he really is a malicious individual. So before people jump to conclusions, there are many factors that need to be determined.
the racial slur was "that black guy in the yellow shirt". isnt that just a description? when did describing someones appearance become a slur?
Chunky says:
"Teacher" is in the headline to suck in readers to the story. It is more likely he's a "Former Teacher" at this point. Since when did teachers have halos anyway? As a teacher, he should have a higher standard of teaching and showing restraint in situations like this.
Mr. Hawkins had ample opportunity to leave, run, walk and escape and should have done so the very instant Mr. Massie allegedly engaged him verbally. Anything said between two strangers in a casino bathroom beyond a simple hello or greeting is not worth this kind of trouble.
Unless the defense can prove Hawkins had no means of escape or avoidance he's guilty and should receive appropriate punishment.
That's what Chunky thinks!
To be clear, the defense would also have to show Mr. Massie had the ability, intent and means to cause him bodily harm or death.
That's what Chunky needed to clarify
hawkins you screwed up big time. Agruments and insults run free in casinos among drunk and money-losing patrons. you could have easily called security over and had massie hauled out of the casino , BUT instead you let your nasty side out. For that you will pay a heavy price. Facts are massie had his hands to his side AND if hawkins "felt very threatened" as he claimed then why was his back turned on massie? you CANNOT hit someone just because you want to. YEP you screwed up hawkins because of your bs ego.. The most of society would have called security and had massie thrown out
if hawkins had 5 quick alcoholic drinks then this would certainly make him somewhat drunk.. And when drunk , some people get "excitable".. so if hawkins never had those beers, he probably wouldn't have smashed massie.. Drunkenness can possess your mind.. that's what happened here.. When drunk people can do some really dumb things and that's what happened here... both massie and hawkins acted dumb