Bail set at $25,000 for man accused in O’Shea’s death

A Las Vegas Justice of the Peace on Tuesday set bail at $25,000 for a man accused of murder for punching another man, which authorities said led to his death at a Strip casino last week.

Justice of the Peace William Jansen said he does not believe the facts of the case meet the level of first-degree murder.

Benjamin Hawkins, 37, was being held on no bail following his arrest July 6 for punching John Massie, 46, in the face after a confrontation over comments Massie made to Hawkins at O’Shea’s casino.

Massie died as a result of head trauma suffered when he fell to the floor, the Clark County Coroner’s office ruled.

Jansen said he had received a letter from the sheriff of Bradford County, Fla., where Hawkins is a high school teacher and football coach. The sheriff vouched for Hawkins as an upstanding citizen and said he would make sure the coach returned to Las Vegas for any court hearings.

Jansen said that in another case with similar facts, the defendant pleaded guilty to involuntary manslaughter. Referring to the charges against Hawkins, Jansen said, “I don’t think this is a case that there is criminal intent or malice aforethought to be a potential crime of first-degree murder.”

Jansen said it was the lowest bail he had ever set in a murder case and ordered Hawkins to stay out of trouble.

Prosecutors were asking for $100,000 bail. A preliminary hearing in the case was set for Sept. 28.

Defense attorney Jack Buchanan said he expected his client would be able to post the bail and could have been released from the Clark County Detention Center as early as Tuesday night.

An amended criminal complaint also was filed against Hawkins, charging him with open murder, which would allow a jury to consider charges of involuntary and voluntary manslaughter and second- and first-degree murder.

Buchanan said his client was acting in self-defense when he punched Massie. He said he is waiting to review evidence Las Vegas police have collected, including surveillance footage of the fight.

Both Massie, of Roy, Utah, and Hawkins, of Gainesville, Fla., were vacationing in Las Vegas at the time.

Hawkins, who is black, told police that Massie, who was white, made a comment about “a black man in a yellow shirt,” according to Hawkins’ arrest report.

Hawkins said he told Massie to shut up and Massie asked him what he was going to do about it, which Hawkins interpreted as “aggressive,” the report said.

Hawkins turned as if to walk away, then spun and landed a right-hand punch to Massie’s jaw. Massie fell to his back and did not move.

A family member said Massie, a father of three, was a former airman who served in the Gulf War and was working as a civilian at Hill Air Force Base in northern Utah.

He visited Las Vegas at least a couple of times a year to play cards and have a few drinks, she said.

Hawkins’ wife, Leticia Hawkins, told The Associated Press that her husband, also a father of three, had been in Las Vegas only a few hours when the confrontation took place.

“It just looked like he wouldn’t leave my husband alone,” said Leticia Hawkins, 35. “My husband was defending himself.”

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