Florida teacher, charged in death of Utah man on Strip, testifies at trial

Benjamin Hawkins felt threatened and scared when he punched a man who later died at a Strip casino last year, he told a jury Thursday.

The Florida native, who is black, is charged with involuntary manslaughter in the death of John Massie, a 46-year-old white man from Utah. Hawkins said he was defending himself when he struck Massie at O'Shea's casino July 6, 2011, after Massie made race-based comments.

Both men were in Las Vegas on vacation.

If convicted, Hawkins, a 39-year-old high school teacher and football coach, could face probation or a one- to four-year prison sentence.

Hawkins recalled Massie saying, "And then there was a black guy in a yellow shirt," while the two were inside an O'Shea's restroom.

Hawkins thought the comment was strange. Massie was "obviously drunk," Hawkins said.

Afraid to turn his back on the man, Hawkins phoned his friend, who did not answer.

Massie then walked up to Hawkins as he stood by a sink, slapped him on the chest and said, "What's the deal with black people and yellow shirts?"

Hawkins told Massie to keep away from him. He said he felt "somewhat intimidated" because "everything revolved around the color of my skin."

As Massie left the restroom, he slapped Hawkins on the shoulder.

"If you touch me again, I'm going to knock you the (expletive) out," Hawkins said to Massie, who replied, "You want some, come get some."

What happened outside the bathroom was captured by casino security surveillance.

Video showed Massie leaving the bathroom near the food court at O'Shea's. Moments later, Hawkins appeared and started walking to a nearby gaming table where his wife and friends were waiting.

The inaudible video showed Massie and Hawkins exchanging words outside of the men's room.

Hawkins recalled hearing Massie say, "Hey." Hawkins turned to him, expecting an apology.

Instead, Massie said, "What's the deal with you stupid-ass black guys and these yellow shirts," Hawkins testified.

Hawkins responded, "Congrats, you're a racist."

As Hawkins walked away, Massie with his hands in his pockets, took about three steps toward Hawkins' back.

"I could feel him close on me. I had knots in my stomach," Hawkins said. He heard Massie say, "I got something for your ass."

Hawkins thought Massie intended to strike him, so he turned swiftly and threw a right-handed punch that landed on the left side of Massie's face. Massie was hit so hard his hands came out of his pockets.

As he fell, the back of his head slammed into the floor.

A county medical examiner testified Thursday that Massie died from head trauma suffered when his head hit the floor, not the punch.

"I was acting in self-defense," Hawkins told the jury. "The last thing I wanted to do was hurt anyone."

He testified later that he "felt terrible" when he learned Massie had died.

Prosecutor Maria Lavell said during cross examination that Hawkins' testimony was filled with more detail than what he told investigators hours after the incident. Lavell said Hawkins never told detectives Massie touched him three times.

Hawkins explained he was an emotional mess when interrogated by detectives. He said he was crying, nervous and scared and left some details out.

Hawkins was calmer on Thursday. When defense lawyer Jack Buchanan asked Hawkins why he went to the bathroom in the first place, Hawkins responded, "Ummm ... I had to pee," garnering laughter from the jury.

The weeklong trial before Judge Valerie Adair has produced conflicting testimony about Massie's comments to Hawkins. One witness suggested Massie may have been playfully singing when he said "and then there is a black man in a yellow shirt."

Immediately after the incident, Hawkins told a casino security guard that Massie was trash-talking and used a racial slur, according to testimony.

However, Hawkins testified he did not recall Massie using a racial slur.

Another prosecution witness, a black man named David Battle, said he had worked with Massie and never knew him to make racist comments. Battle said he wasn't in Las Vegas the night Massie died.

Lawyers for both sides are expected to give their closing arguments today, followed by jury deliberation.

Contact reporter Francis McCabe at fmccabe@review journal.com or 702-380-1039.