Facebook
Fark
Digg
Reddit
Stumble
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) 
Published Thursday, Nov. 29, 2012 | 3:41 p.m.
Updated Thursday, Nov. 29, 2012 | 6:35 p.m.
Map of O'Sheas
O'Sheas
3555 Las Vegas Blvd South, Las Vegas
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)
Benjamin Hawkins, charged in the death of a man Hawkins punched at a Las Vegas casino, testified Thursday that anger played no role in his split-second decision.
Instead, Hawkins told the courtroom he felt threatened by 46-year-old John Massie, whom he had exchanged words with at O’Sheas. Hawkins testified he feared for his safety and the well-being of his wife and friends seated nearby when he threw the single punch.
“My alert level was through the roof,” Hawkins said Thursday from the stand.
Massie, a Utah resident vacationing in Las Vegas, died July 6, 2011, after Hawkins punched him and he fell, hitting his head on the floor at O’Sheas, a now-shuttered casino on the Las Vegas Strip.
The incident began minutes earlier in an O’Sheas restroom, where Massie made a comment about Hawkins, a black man, wearing a yellow shirt, according to the arrest report. The two men exchanged words, and the confrontation continued after they exited the restroom, the report said.
Hawkins, who at the time was a teacher and football coach in Florida, testified Thursday afternoon in Clark County District Court. It was the third day of his trial for involuntary manslaughter. Judge Valerie Adair is presiding over the jury trial.
Hawkins, 39, testified that Massie initiated contact with him in the restroom, saying something to the effect of, “And then there was a black guy in a yellow shirt.”
“I thought it was strange,” Hawkins said. “Why would you be focusing on someone’s race in the bathroom? ... I didn’t know what his intentions were.”
Inside the restroom, Massie patted or slapped him on the chest several times despite Hawkins’ orders to stay away, Hawkins testified.
Massie then left the restroom, followed by Hawkins a few seconds later — actions captured by video surveillance at O’Sheas. The surveillance video shows Hawkins stopped and turned near where Massie was standing outside the restroom.
Hawkins testified that, instead of continuing toward his wife and friends sitting at a gaming table, he stopped when Massie called out to him. That’s when the two men exchanged words again.
The surveillance video then shows Hawkins start to walk away, Massie take at least one step, followed by Hawkins turning and punching him. Massie landed flat on his back and was pronounced dead a short time later at Desert Springs Hospital.
Gary Telgenoff, a forensic pathologist with the Clark County Coroner’s Office, testified Thursday morning that Massie died from blunt force trauma caused by his head hitting the floor, not the punch itself.
Hawkins testified he felt threatened when he sensed Massie following him and was worried he would be seriously hurt if Massie attacked him first. Hawkins said he has a pre-existing injury on the back of his head, which could be fatal if punched in that spot.
“The last thing I wanted to do was harm anyone or even get into a fight,” Hawkins said. “I didn’t want him to harm me.”
Prosecutor Maria Lavell questioned Hawkins about why his testimony included more details than what he told detectives in the immediate aftermath.
Hawkins testified that his distress about the situation prevented him from thinking clearly during interviews with police.
During cross-examination, Hawkins also clarified that, although he said he had a “couple” alcoholic drinks that day, it could have been five or six. Even so, Hawkins testified that he never considered himself drunk.
Hawkins, who had traveled with his wife and two friends from Florida, arrived in Las Vegas midday July 5, 2011. The group took a nap in the early evening and then headed out to the Strip that night, Hawkins testified. They entered O’Sheas shortly after midnight.
Defense attorney Jack Buchanan is representing Hawkins, who has been out of custody on his own recognizance. Hawkins appeared in court Thursday wearing a black suit and glasses.
Lavell, a chief deputy district attorney for Clark County, is prosecuting the case along with Jonathan Cooper, a deputy district attorney.
After Hawkins’ testimony, the prosecution called a rebuttal witness, David Battle, to the stand. Battle, a black man who worked with Massie at Hill Air Force Base in Utah, said he never heard Massie make racist comments or jokes.
The trial resumes at 9:30 a.m. Friday.
He could of walked away. But his pride and anger got the best of him.
at least he fought with his fist. Unfortunately it was deadly :/
-from the story:
"The incident began minutes earlier in an O'Sheas restroom, where Massie made a comment about Hawkins, a black man, wearing a yellow shirt, according to the arrest report."
______________________________________________
Is the writer simply identifying Hawkins as a "black" man, or did Massie make a comment about a black man wearing a yellow shirt?
In other words, did Massie inject a race-related comment, or was it the decision of the writer of the story to identify the race of one of the parties (but not the race of the other party)? If the latter, what is the race of Massie?
Clarification would be nice.
He could have also summoned security. Massie had his hands at his side. Now Hawkins is going to claim a previous injury as an excuse to throw a sucker punch? Please. He's a teacher. He should know something about diffusing these situations.
Just walk away. Massie was intoxicated and likely harmless.
Intoxicated people are more likely to get into fights, not less. You have less inhibitions, so less stopping you from making a bad decision.
Is there camera proof that he had his arms at his side and hadn't made any gestures, or is this a he-said-she-said with no proof either way?
Yes there is video showing the victim with his hands at his sides as he was punched. Both men were likely liquored up. The point is that a guy with his hands at his sides cannot be suckered punched...which is what Hawkins essentially did.
You are going to get some people who will say he was threatening, could have had a knife, a gun, etc. I don't buy it. Massie was likely talking too much but probably a harmless drunk. In any case you can't haul off on the guy. Get security or walk away. Violence is an absolute last resort.
Just one of dozens and dozens of these incidents on the Strip. Brainbleeds and beatdowns are common but the victims don't always end up dead. Why not request the stats from Metro and report this for public safety?
If Mr. Hawkins was white and Mr. Massie was black, I doubt anyone would question his claim that he felt threatened.
It is unfortunate that Mr. Hawkins, a teacher, is expected to have the ability to identify a true threat but as long as cops remember to claim that they felt threatened, they are free to shoot unarmed citizens.
@BrookeLogan
Ignorant and dumb comment.
None of the local papers have said a word about Massie's life except for where he lives and his age.
And this testimony just implies that Massie was drunk. It doesn't even say he was angry or threatening.
More needs to be known about the incident.
sounds like drunk white guy took being an ass just a little too far that night. sad, but if Hawkins doesn't have a history of this, then just let him go and let the people mourn. it's a funked up accident, not a plainly gross injustice.
Just let the guy go? Really? He punched someone in the face which caused the guys death. He could have walked away but decided against it. Lock him up.
Hawkins had plenty of opportunities to not be where he is today, he should have went to security,he could have left like anyone with a brian would have done,he could have shoved or pushed the drunk but no he had to get the knock out to impress his people.This was not an instantaneous event it took a lot of different turns before Hawkins jacked up a drunk who probably could not defend himself anyway.
I just love the race baters who what if this and that.
nice job of harrah's / caesar's to close oshea's so that any civil suit doesn't have as clear a foundation; huh, huh?
so basically its '...he talked crap to me so I sucker punched him as hard as I could...'
If I punched everyone that talked crap to me I would be punching people on a regular basis.
Couldn't walk away huh from a skinny, drunk old man Mr. Football coach? Then pay the price.
Nice defense but I don't see it as being true. Hawkins suckered punch a guy with his hands by his side who was walking away. Probably Hawkins had too much booze that night and his judgment was impaired.
Where was security doing all this ?
What this aricle didn't say was that this whole thing started at a blackjack table prior to the Questionable bathroom incident Mr. Massie drunk or not left the area and went to the bathroom Mr. Hawkins is the one who followed Mr. Massie to the bathroom and continued this when he Mr. Hawkins could have taken the high road and let it alone.
Why is it that taking the high road is some how dishonorable?
The age weight and size of the two people would be a factor if I was on the jury.
The yellow shirt thing? I do not get it unless 'yellow" was supposed to indicate "cowardliness" or "high yellow" an arcane term for lighter skinned Blacks.
Very tragic. If you do not have any thing nice to say do not say it. And try to count to ten before using violence.
Nah. This confrontation likely resulted from Massie not liking how Hawkins was playing blackjack. He was probably pointing him out "that black guy in the yellow shirt took a card whn he should have stayed, entire table lost"...or something like that.
I see people get angry at how others play blackjack. Throw in liquor and sometimes people act stupid.
exactly Tom. There was no racial slur. Massie said "that black guy in the yellow shirt...."
exactly J. Id be punching all day long.
someone walking the same direction as you for a split second in a casino is not a threat.
he dry-gulched massie. Murder 1.
It just takes a minute to change your life.
He called me a name so I killed him.
That doesn't cut it.
walk away or
do your thing and don't get caught or
get caught and your life will never be the same.
this guy is toast
rightfully
yep massie was probably "in the wrong", but you can't punch him for what was essentially an "insult war"... At a casino, people get drunk, blow smoke in other's faces and lose large monies.. perfect environment for "insult wars" and cursing etc.
i once saw some goofball so drunk in a casino that he tripped and fell face first into a slot machine... some teeth knocked out with this.. He probably blacked it all out and the next day he woke up and said to his friends "what happened to me last night" lol