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By Jackie Valley (contact) 
Published Friday, Nov. 30, 2012 | 1:26 p.m.
Updated Friday, Nov. 30, 2012 | 2:28 p.m.
A jury today found Benjamin Hawkins guilty of involuntary manslaughter in the death of a tourist who died after Hawkins punched him at a Las Vegas casino. Hawkins, 39, bowed his head and his wife cried softly in the public seating area as the verdict was read Friday afternoon in Clark County District Court. Hawkins will be sentenced Feb. 14. Jack Buchanan, Hawkins' defense attorney, said Hawkins intends to seek probation. The felony charge carries a maximum prison sentence of four years, but defendants can be given probation at the discretion of the court, Buchanan said. "Obviously, we're incredibly disappointed ...
O'Sheas O'Shea's may be small potatoes among the Strip giants but it is certainly a favorite with visitors. Walk by on any given Friday or Saturday and the casino is brimming with people having a good time.
Sure there slots, poker, a sportsbook and blackjack but the casinos most popular feature is the beer pong tables hidden behind the casino floor. Enter one of the weekly tournaments and you and your partner could walk away $200 richer.
Vince Neil Ink became another name in celebrity ink on the Strip when the former Mötley Crüe lead singer Vince Neil added his shop in 2008.
3555 Las Vegas Blvd South Las Vegas,
NV 89109
702-697-2711 
This is a very difficult case. The crux is whether Hawkins felt fear of attack from Massie.
Personally I don't know, so I would have to acquit.
no matter how this plays there's just a, "what a loss" crux to this whole thing. still, it would've been helpful to know what massie's blood alchol level was. and, to act like these night clubs that are just friendly casinos aren't part of the problem means more money for a few, more problems for the rest of us...if the people in vegas would only wake the @^#&*!!...they'd realize people come here and either caesar's or mgm gets all the money...with costs that class is not ever part of these nights of cheap thrill after cheap thrill (that is, unless you think holly madison is what family life really comes down to?!?!) again, what a friggin loss!!!
I'm inclined to give Hawkins the benefit of the doubt for a few reasons, not least of which are a) the judge at the time gave him ROR, and b) the prosecutor didn't see fit to go for a stronger charge.
Given what facts we have, I could possibly go for negligent homicide at most if the evidence supported it, but I would have to actually have been at the trial and seen all the evidence before saying one way or another.
Give himb 4 years.
Seen video repeatedly. Regardless of what the guy was saying, hands in pockets does not justify what he did, intentional or not - correct verdict. Now lets see what he gets.
It's sad what booze can do to a person. The angry looking mugshot of Hawkins looks nothing like the professional who showed up in court. Just sad...but booze and anger just don't mix...
Only idiots who read the Sun would think this killer is innocent. By the comments, I guess you idiots are out there.
You can't head punch a guy who has his hands at his side. Spare me the whole "he could have had a weapon" stuff. Non-violent, smart people don't react to this situation with a haul off sucker punch to the head. There were better options. Walk away, call security...yeesh, even grab the guy by the arms if you feel that threatened as a last resort. hauling off with a head punch that essentially knocked this guy out isn't what I call the right move based on the evidence and video.
Convicted felon. Get some anger management training in prison.
Just saw the video...disturbingly violent and if you ask me totally uncalled for. It actually looks like Massie has his hands in his pocket when he was hit. You can't do that Mr. Hawkins. Send him to prison for the full 4 years.
Bob Coburn lacks empathy, sympathy, compassion, mercy, and true justice. Other than that he is a fine human being.
Duh. What else would it be? Video evidence is damning.
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That's right but it's not always that violent looking. Massie looked like a punching bag standing there with his arms at his side. There wasn't even a split second for him to raise his hands in defense. Massie was like one of those clown punching bags we had as kids. He just went backward like a tree getting chopped (in fast motion). Having followed this case the video was much more disturbing than anything I had envisioned.
I knew Ben for several years in elementary and middle school, and witnessed him avoiding so many racially charged fights in a small southern town. In this case, he was being verbally assaulted, and unfortunately, retaliated with his hands, not a gun or knife, nothing premeditated. It's common to hear my white brethren talk about walking away, only to continue to look past the verbal degradation of fellow man. There are no winners in this case. Ben has been a great mentor for minorities in rural Florida, and I prayer that he can find a way to teach others about his experience.
@ahug
The simple answer is in civilized society (whether you agree with that notion or not) Mr. Hawkins cannot do what he did, which is perpetrate a violent act on a guy who either had his hands by his side or in his pocket because he was verbally abused.
Massie referring to Hawkins as "black man with yellow shirt" is not verbally assaulting someone. Mr. Hawkins has made no other statement beyond this as being "verbally assaulted". Unless you know more about the dialogue between these two men than what Hawkins himself has stated...then again, in civilized society you don't lash out with a sucker punch.
There are no winners here. Only losers. Hopefully Mr. Hawkins learned a lesson. He will now have the stigma of a felony on his record for life and likely never teach again. Was it worth it for "black man with a yellow shirt"?
Hopefully, Massie's estate has sued or will sue Hawkins for everything he has. It would be fitting to see Hawkins' future totally ruined. That is what he did to his victim.
Ahug: my job has me sometimes cutting peoples utilities off when they don't pay and I am verbally degraded, even racially, on a daily basis. So you say it's OK for me to sucker punch them to death?
Hawkins had plenty of ways out here but he chose to be a gansta' thug and the knock out killed a drunk with a big mouth who was not a threat just another tourist who had to much to drink and was not a threat, even if he was Massie never assualted Hawkins. Hawkins deserves some time behind bars, after all a life has been taken here. Don't think for a minute Hawkins thought knocking this guy out was a reasonable responce to his supposed insult, now I wonder if this jock want to be is as tough as he felt that night he laid a drunk out who had his hands in his pockets?
I guess the next time a black person insults me or a family member drunk or not I can just crack their head open and it will all be a wash? Sick!
Guess he thought he could bluff his way through. The jurors saw right through it and besides the camera never lies. Hopefully he'll serve some time.
I will admit that being connected to Ben as an old friend does not allow me to see this situation objectively. Ben was my first black friend. Growing up in a small southern town, and elsewhere I'm sure, it's hard to imagine the daily provacations that are thrown in a black man's face. He walked away from so many, separated himself from those who always wanted to play a race card. He was on a successful career path, then one day he was pushed to the brink. I understand a man lost his life,and I feel extremely sorry for his family, but I also know the heart of the man who walked away. Ben is my friend. I will stand with him.
Ok so he didn't intend to kill the man.....but sucker punching a drunk guy with his hands in his pockets is a punk a!? Move.......get what u get punk.
If Mr. Hawkins was white and Mr. Massie was black, nobody would doubt his claim that he felt threatened. Most of the contemptuous readers who are posting disparaging comments about Mr. Hawkins have defended cops who have shot unarmed black suspects.
@homer....When you call Mr. Hawkins a "gangsta thug" it makes you seem like a hateful bigot.
This was a tragic accident-nothing more.
An accident Brooke? Wow, I really hope you're not that daft. An accident is something that is done by mistake with no intent. Even if his intent was to stop the person from harassing him, it wasn't an accident. Not even close.
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.
@ahug: your friend says that he wasn't angry. So what posessed him to sucker punch a guy with his hands in his pockets? He hit him and the man died. He should get more than 4 tears. Maybe 24 but taking a life deserves much more. Try explaining to Massies three children your friend didn't mean to harm thier Dad.
If Mr. Hawkins was white and Mr. Massie was black, nobody would doubt his claim that he felt threatened. Most of the contemptuous readers who are posting disparaging comments about Mr. Hawkins have defended cops who have shot unarmed black suspects.
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Ignorant and dumb comment, also a racist comment. We have readers here who always want to inject justified police shootings into any argument where a death occurs. Last time I looked at the video I didn't see any police.This was a clear case of a sucker punch to a guy with his hands either in his pockets or by his side. Any normal human can see by the video that his actions were not justified. The jury spoke and made the correct decision. Jail 4+ years and sue him in civil court. Dumb move Mr. Hawkins. Dumb move.
Brooke,
I see you spew the same garbage on the rj posting as preachers daughter. You say most of the posters who disagree with you support cops who shoot unarmed black men. It would be hard to find more idiotic worthless drivel than that crap you post. You talk about empathy? Really? Just because we feel it for the children who will never see their father again instead of the guy who killed another human being? You feel sorry for the wrong person. The other guy DIED, he is dead! And you pity the guy whose actions killed him.
If there was any plea deal offered then I really fault his lawyers. If they watched that video and thought they could convince a jury it was justified, they should look for another profession. I'm not sure how long the jury deliberated, but I'll guess not long. Maybe a plea deal was never offered.
The verdict was correct unless you believe you have the right to kill someone just because they trashed talked to you.
Hawkins could have ran as fast as he could to the neareast security guard. Instead, he turned around hit the guy square in the jaw as hard as he could (out of pure rage most likely) while the guy had his hands in both pockets.
Someone died because of his assault.
He should and will get some prison time. He will probably get 2 years.
Just like the dude in Florida, it is better to leave and exit as quickly as possible then get caught up in the arms of the laws.
"Police said Hawkins never specified the racial taunts or what made him feel threatened"
The facts of what Massie said will never be known. We only have the words of Hawkins whose story seems to have changed between interviews. This was no accident and Hawkins lacked self control and now sho0uld pay the price. Four years is a light sentence for taking a life. The violence and death should get at least ten years!
The guilty verdict is no surprise. Apparently Mr Hawkins thinks he is innocent. Unless he is given a strong prison sentence to find time to gain some judgment and insight to the crime he has committed, he will remain a threat to society and could committed a similar crime in the future. I would recommend a 4 year sentence.
Frankly, I didn't believe a word of his self-serving testimony.
He should have taken the plea bargain if it was offerred or just pled guilty. After all, an admission of guilt is the first step in a person's successful rehabilitation.
The person who died was more than twice the legal limit for intoxication. Sounds like probation is in the future.
I do believe the jury got it right, and do believe that Hawkins should get probation. I sure he did not intend to kill the man but the fact remain, were all given a choice to walk away or face the consequences. Hawkins should of been the better person and walked away.
<The person who died was more than twice the legal limit for intoxication>
That's for driving a motor vehicle. Not sure if there is a legal limit for intoxication in public since many alcoholics appear and act sober even with high BAC readings.
Lessons learned here?
Seems not.
Both sides varying degrees of stupid. One of them paid the ultimate price, the other about to get the bill.
It seems for killing someone the 4 year guideline is limiting to a judge, seeing as probation is at the other end of judicial authority.
"The person who died was more than twice the legal limit for intoxication. Sounds like probation is in the future."
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What does him being intoxicated have to do with Hawkins getting probation vs. prison time? For that matter, Hawkins also admitted he may have had 5-6 drinks. I don't think the judge is going to say "Massie was intoxicated, therefore I'm giving you probation". In my mind it has nothing to do with the end result of the violent act..death was brought on by his head slamming into the floor.
Who keeps filling the glasses of these intoxicated idiots.
It's against the law to hit someone unless they swing first, even if they're drunk and " run their mouth" This guy is a football coach, big and strong.There's a lot of MMA fighters in Vegas,if they get mad, can they knock you into next week too? He needs to serve time or lots of people may not want to visit Vegas.
It seems like Hawkins was not cornered and could have escaped his situation. Of course Massie could have also been armed with a "tactical" knife or a small pistol which could have been concealed in his pocket. Was it prudent for Hawkins to strike first? I think not, even if he truly believed Massie was carrying a weapon.
It seems probable that Hawkins intended to cause Massie pain and temporarily disable him in that order. He did not intend to kill him otherwise the assault would have continued after Massie was down. That as it may be, does not absolve Mr. Hawkins of any responsibility. In this life, if you make a mistake, you traditionally get punished for it. Since he has already been convicted, we should leave his punishment to the criminal and civil courts.
Massie had a blood-alcohol level of 0.172. Wow. Seems Mr. Massie was running his mouth, was warned a number of times to quit and was even told of consequences. He continued to taunt, and Mr. Hawkins followed through. This is not an unusual scenario, add alcoholic beverages and you will hit your head on the floor. Good reason not to taunt strangers who are larger than you when your are out of your mind. Not going near the race thing.
Any reasonable judge will send Mr. Hawkins home to FL with some probation.
@mikecool..."It's against the law to hit someone unless they swing first..."
Actually that is not true. There is nothing at all in the NRS that supports that nonsense.
This all comes down to whether or not is was reasonable for Hawkins to fear Massie. Is it reasonable for school teacher to fear a person who has already laid hands on him twice and continues to stalk and engage him? Does Massie's hands in his pocket elevate or eliminate that fear?
Now @TomD doesn't think it matters here, but law enforcement established the precedent of what actions can establish fear. So, unless we demand school teachers to be less afraid than highly trained cops, it makes sense to see if there are any similar events where police killed.
Have cops killed people with their hands in their pockets?
Yes, they have. Metro officers have killed unarmed men with hands IN POCKETS, hands IN THE AIR, hands4 IN CUFFS and hands BOUNCING A BASKETBALL. And in each and everyone of those incidents the killing was considered justified because the officer said he was afraid. And these were all 'highly trained' law enforcement officers.
Why do so many of you, like TomD, hold police in such low regard that you expect less from them than you do from anyone else?
bghs1986:
I think you should consider the fact that Metro Police Officers function in an atmosphere of expected danger. Any deaths that occur, do so during the conduct of the Officer's sworn duty. That Officer is trained and has experience in recognizing criminal activity. If one antagonizes or does not cooperate--however unintentional--he or she does so at their own peril, which should be expected. It is therefore unfair to compare an intoxicated School Teacher unable to control his emotions to someone professionally trained to handle petentially dangerious and violent confrontations.
Epiloge: When you you drink in a public place in Las Vegas, you should consider the possibility of some kind of trouble including possible altercations ahead of time and should taylor your behahior accordingly. I'm sure that Mr. Hawkins and (definately) Mr. Massie did not intend their evening to end so tragically. Had either one considered their enviroment just a little more carefully, they could have both enjoyed this holiday season with their families.
Take care everyone.
The jury seems to have got it right. Not much else they could do. INvoluntary manslaughter or voluntary manslaughter is fairly easy to happen--when you punch people.
bgsh wrote "Is it reasonable for school teacher to fear a person who has already laid hands on him twice and continues to stalk and engage him?"
Not sure where you got that information. Probably that is what Hawkins testified to. The reality is that Hawkins is 6'2" and weights 250 lbs and Massie was a short medium built guy. You should take a look at Hawkins mug shot after he was arrested. He doesn't look scared to me.
The fact that Hawkins threated Massie with physical violence in the restroom totally takes the wind out of your sails. Hawkins was pissed off, not scared. If he was scared he would have gone to casino security.
Certainly the facts of this case do not support one bit the notion that Hawkins had any legal right to punch Massie.
bergyphx writes: Any reasonable judge will send Mr. Hawkins home to FL with some probation.
Not if that Judge wants to be re-elected. Hawkins thinks that he is above the law and needs to be taught otherwise. Probation with out any significant jail time would send the wrong message, namely, that violence is acceptable behavior when dealing with a verbally harrasing individual.
" had a blood-alcohol level of 0.172. Wow. Seems Mr. Massie was running his mouth, was warned a number of times to quit and was even told of consequences"
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Too bad life doesn't work like that, unless of course you want to face the consequences that Mr. Hawkins now faces. Running your mouth doesn't mean I have a right to sucker punch you. Some of you need to understand how civilized society works.
@bghs. Hawkins feared nothing. If anything he was angry, not fearful. Other than Massie identifying Hawkins as "black man in yellow shirt", Hawkins himself never revealed any racial taunting or statements to police.
The bottom line is you cannot use violence in that situation. You walk away. If that doesn't work you call security. The "he man" attitude is going to land you in jail. Only morons resort to sucker punches in this situation.