When Benjamin Fleming, Abhishek Gupta and Alexander Germany-Wald arrived on the Big Island on March 28, 2021, it was a celebration. They had just graduated from Carnegie Mellon University in Pittsburgh and had tickets to Hawaii.
Tragically, after a long night of drinking, Gupta ended up dead. Now, Benjamin Fleming, 38, of Pittsburgh, is on jury trial for manslaughter after allegedly putting Gupta, 30, also of Pittsburgh, in a chokehold that prosecutors say ended the man’s life.
Fleming, who was a member of the U.S. Army Special Forces, stood in a dark suit awaiting testimony from the police officers who arrived on the scene, as well as from his close friend, 32-year-old Germany-Wald, of New Jersey, on the opening day of jury trial Wednesday before Kona Circuit Court Judge Robert D.S. Kim.
“They were the closest of friends — it’s a tragedy,” Fleming’s attorney Thomas Otake said during opening statements.
Otake argued that while Gupta’s death was a tragedy, it was not a criminal matter.
“The evidence will show (Gupta’s death) was not a crime. They were the closest of friends. They loved and cared about each other. They were coming to Hawaii to celebrate a great achievement. No one wanting him to die,” Otake said. “The evidence will show that Gupta got really drunk, he was kicked out of the bar for being belligerent, and Germany-Wald took him back to the Airbnb to get him away from that situation. When they got back Gupta was upset at Alexander for wanting him to wear a mask in public.”
The fatal night began around 4 p.m. March 28, 2021, when the three friends arrived at their condo at the Kona Mansions in Kailua-Kona. After unpacking the groceries that included alcohol, Gupta began to make drinks. Next, the trio headed toward Alii Drive and ate dinner at Huggo’s, where Gupta and the others continued to drink. The evening progressed from there with visits to Sam’s Hideaway, Humpy’s Big Island Alehouse and Laverne’s Sports Bar. It was the final bar from which Gupta was eventually escorted out by security. Germany-Wald walked him home.
Back at the condo, Gupta and Germany-Wald got into a physical altercation. According to testimony from police and Germany-Wald, Gupta was on top of his friend, repeatedly punching him, when Fleming intervened, putting Gupta into a chokehold that was intended to put him to sleep.
Allegedly, they both heard Gupta snoring afterward.
However, about 10 minutes later, Fleming and Germany-Wald checked again, and Gupta was unconscious. Fleming then called 911 summoning Hawaii Fire Department rescue personnel to the scene early March 29, 2021. Medics tried to revive Gupta, but they determined the man had died prior to their arrival.
“The restraint hold was not designed in a way to kill someone,” Otake’s lawyer argued, noting his client learned to use the hold in the military to restrain someone not kill them. He hinted that Gupta’s choking was caused by something else. “Benjamin wanted to do this in a way he wouldn’t be attacked either. But the evidence will show there were other factors that contributed to his death that night.”
According to Deputy Prosecuting Attorney Charles Murray, the act was a reckless crime.
“The defendant approaches Gupta from behind and put him in a sleeper hold. He applies pressure and cuts off the blood flowing to and from his brain. He holds him [Gupta] here until he passes out,” Murray explained in opening statements. “The evidence will show the defendant was reckless in his use of the chokehold. The evidence will show he had other options. The evidence will show he provided too much pressure for too long,” he said. “This reckless action caused the death of Gupta and therefore the state finds the defendant guilty of manslaughter.”
Hawaii Police Department Officers Curry McFadden and John Harvey were among the first to take the stand, testifying about the details gleaned after being assigned to the incident reported shortly after 2 a.m. March 29, 2021.
Next, Germany-Wald took the stand.
“Abhishek Gupta was my best friend,” he said. “The three of us were very good friends in graduate school and had been waiting for an opportunity to travel together.”
Jury trial continues today in Kim’s courtroom. Fleming, who was arrested the night of the incident on March 29, 2021, was released from police custody April 12 after posting $250,000 bail. Germany-Wald was also arrested early March 29, 2021, but was released March 30 after further investigation.
Manslaughter is a Class A felony that carries a maximum sentence of 20 years imprisonment.
