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April 24, 2014

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Suspect in Drai’s shooting pleads not guilty; D.A.’s office to weigh whether case merits death penalty status

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Steve Marcus

Attorney Bob Beckett, left, talks with Benjamin Frazier, 41, during a court appearance at the Regional Justice Center Wednesday, Oct. 30, 2013. Frazier is accused of shooting two security guards and a patron outside the Drai’s after-hours club in Bally’s on Oct. 21, 2013.

Drai’s Shooting Suspect in Court

Benjamin Frazier, 41, speaks to Judge Cynthia Cruz during a court appearance at the Regional Justice Center Wednesday, Oct. 30, 2013. Attorney Bob Beckett listens at left. Frazier is accused of shooting two security guards and a patron outside the Drai's after-hours club in Bally's on Oct. 21, 2013. Launch slideshow »

The man accused in an October shooting at a popular Las Vegas Strip after-hours club that left one man dead and two wounded pleaded not guilty today in Clark County District Court.

Benjamin Frazier, 42, is charged with one count of murder with the use of a deadly weapon, two counts of attempted murder with the use of a deadly weapon and one count of carrying a concealed firearm or other deadly weapon.

Frazier opened fire early Oct. 21 after a dispute over a $30 cover charge to Drai’s After Hours inside Bally’s, according to a Metro Police arrest report. Police say Frazier shot two security guards before a Drai’s patron noticed the attack and jumped into the fray.

The patron, Kenneth Dion Brown, 40, was fatally shot in an attempt to wrestle the gunman to the ground, according the police report. The report indicates Brown tried to subdue the gunman after he appeared to point his revolver toward customers.

Bob Beckett, a former Nye County District Attorney, is representing Frazier. Beckett is Frazier’s cousin, though, Beckett said, Frazier always called him his uncle.

Frazier remains in Clark County Detention Center without bail.

The Clark County District Attorney's Office's death penalty committee will review the case today to determine whether to pursue a capital murder charge against Frazier.

An unspecified number of experienced prosecutors make up the committee. The defense's counsel is invited to attend for part of the meeting to argue why the defendant should not face the death penalty. The committee's meetings are not public.

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