Las Vegas Sun

May 22, 2013

Currently: 91° | Complete forecast | Log in

Trial opens for teacher in fatal punch at O’Sheas

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 ...

Discussion: 5 comments so far…

Comments are moderated by Las Vegas Sun editors. Our goal is not to limit the discussion, but rather to elevate it. Comments should be relevant and contain no abusive language. Comments that are off-topic, vulgar, profane or include personal attacks will be removed. Full comments policy. Additionally, we now display comments from trusted commenters by default. Those wishing to become a trusted commenter need to verify their identity or sign in with Facebook Connect to tie their Facebook account to their Las Vegas Sun account. For more on this change, read our story about how it works and why we did it.

  1. 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.

  2. 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.

  3. 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!

  4. 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.

  5. 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.

  6. Hawkin will be joining O.J.

  7. 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.

  8. 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.

  9. being a teacher has nothing to do with this so why is that in the title?

  10. Comment removed by moderator. Inappropriate

  11. 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.

  12. the racial slur was "that black guy in the yellow shirt". isnt that just a description? when did describing someones appearance become a slur?

  13. 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!

  14. 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

  15. 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

  16. 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

Post a comment

Commenting requires registration.

Comments are moderated by Las Vegas Sun editors. Our goal is not to limit the discussion, but rather to elevate it. Comments should be relevant and contain no abusive language. Comments that are off-topic, vulgar, profane or include personal attacks will be removed. Full comments policy.

If you would like to submit your comment as a letter to the editor, you may submit it here.

Most Popular