Teacher gets 90 days in jail in death of tourist

A Florida teacher was sentenced to 90 days in jail and five years of probation for the death of a man he punched at a Strip casino in 2011.

Benjamin Hawkins in November was found guilty of involuntary manslaughter after the death of John Massie.

Hawkins, who is black, testified at the trial he was defending himself when he struck Massie at O’Shea’s casino July 6, 2011, after he perceived that Massie, a 46-year-old white man from Utah, had made race-based comments.

Both men were on vacation.

After an emotional 45-minute sentencing hearing that included testimony from three of Massie’s five children, Judge Valerie Adair ordered Hawkins to serve three months for what she called “a horrible tragedy” that could have been avoided.

Prosecutors were seeking 19 to 48 months in prison.

Before being sentenced, Hawkins apologized to Massie’s family and said, “I in no way wanted to harm anyone.”

Adair ordered Hawkins to take anger management counseling and pay $5,000 in restitution after his sentence.

After the hearing, Hawkins’ lawyer, Jack Buchanan, said he was disappointed his client would have to serve jail time, “but he’ll get through it.”

Security footage of the incident showed Massie and Hawkins exchanging words outside an O’Shea’s bathroom.

As Hawkins walked away, a drunk Massie took about three steps toward Hawkins’ back. Hawkins turned swiftly and threw a right-handed punch that landed on the left side of Massie’s face. The back of Massie’s head slammed into the floor, causing his death.

The confrontation began in the bathroom where Massie had made comments to Hawkins about being “a black guy in a yellow shirt.” Hawkins said he felt threatened by the comments about his race.

Before handing down the sentence, Adair noted that Hawkins, the father of a 2-year-old girl, had no criminal history. Also, the judge received 72 letters of support vouching for the teacher as a respected family man.

Adair said she grieved for Massie’s family and said his comments to Hawkins were “innocent” and “grossly misinterpreted.”

Massie’s 16-year-old son, James, testified at the hearing that his world was turned upside down by his father’s death, including having to move to Texas to live with his mother.

“He always swore he’d be there for me when I needed him, but now he’s gone and I can’t really think of anyone I need more,” James said.

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