A Kona jury late Thursday aquitted a 38-year-old Pittsburgh man of a single charge of manslaughter stemming from the 2021 death of a fellow visitor.
Benjamin P. Fleming was found not guilty of manslaughter by a jury of his peers following a multi-day trial in Kona Circuit Court stemming from the March 29, 2021, death of Abhishek Gupta, 33.
Fleming, Gupta and Alexander Germany-Wald, all friends, arrived on the Big Island on March 28, 2021, to celebrate graduating from Carnegie Mellon University in Pittsburgh. Tragically, after a long night of drinking, Gupta ended up dead early March 29, 2021.
According to the prosecution and defense, Fleming put Gupta, also of Pittsburgh, in a chokehold to break up an altercation between Gupta and Germany-Wald.
Prosecutors argued that Fleming, who was a member of the U.S. Army Special Forces, acted recklessly in administering the deadly chokehold while the defense argued the incident was a tragic accident, and that the chokehold was not long enough or strong enough to kill Gupta.
Defense Attorney Thomas Otake thanked Circuit Court Judge Robert D.S. Kim for an “extremely well run and fair trial” as well as the jury for its service and not guilty verdict.
“We emphasized throughout the trial that Mr. Gupta’s death was undoubtedly a tragedy, but it was not a crime. Ben and I are relieved that the jury agreed with us. The prosecutors did a good job, and I don’t blame them for taking this case to trial. But our jury trial system leaves these decisions in the hands of the people of our community. And the people have spoken,” Otake said. “That being said, it is important to remember that a not guilty verdict, and feelings of empathy for the Gupta family can coexist.”
Hawaii County Prosecuting Attorney Kelden Waltjen said his office believes the case was proven beyond a reasonable doubt, stating “we are disappointed in the jury’s verdict; however, we respect their decision and thank them for their thoughtful deliberations.”
He thanked the various police, prosecutors and counselors who worked the case on behalf of the county, noting their “dedication and commitment to seeking justice for the Gupta Family.”
“We pray that they find some closure and that Abhishek is able to rest in peace. This verdict will not deter our Office from continuing to pursue justice for victims and their families,” Waltjen concluded
