A jury trial continued Thursday for a 38-year-old Pittsburgh man accused of manslaughter in the death of a fellow visitor in spring 2021 in Kailua-Kona.
Pathologist Marina Schmidt was among the witnesses to take the stand during the second day of testimony in the trial of Benjamin Fleming whom prosecutors allege caused the death of 30-year-old Abhishek Gupta, also of Pittsburgh, after putting the man in a chokehold early March 29, 2021.
The alleged incident occurred after a long night of drinking that led to a physical altercation between Gupta and another friend, Alexander Germany-Wald.
The defense says the chokehold was not intended to kill Gupta, but to stop him from assaulting Germany-Wald. However, whether the chokehold was administered with too much force for too long remains in question.
According to the forensic pathologist, the cause of Gupta’s death was asphyxiation — or not getting enough oxygen to the body. The victim also suffered a thyroid fracture and hemorrhaging in the neck muscles and brain.
“I examined Mr. Gupta internally,” the doctor explained. “I looked at the brain underneath the scalp. I saw bleeding, or hemorrhaging, which is not normal. There was also hemorrhaging in the neck muscles and a fracture. When you put pressure on the neck it can cut off the blood supply to the brain. Therefore, based on medical certainty, the cause of death is strangulation,” she said.
Schmidt also noted no vomit in Gupta’s lungs.
However, the defense argued that the asphyxiation could have been caused by multiple things, including the CPR that Fleming, Germany-Wald and medics performed on Gupta, as well as from vomit that was found next to Gupta.
While there was no vomit found in Gupta’s throat during the autopsy, the defense argued it could’ve been cleared during CPR.
“Let me ask you this, can vomit be cleared by CPR efforts?” Fleming’s lawyer Thomas Otake said during cross-examination.
“Yes,” Schmidt said.
The defense also asked if the pathologist could ascertain how long or strong the pressure was that was applied by Fleming during the chokehold.
Schmidt said that it is hard to tell from an examination how long the chokehold was applied or how strong the pressure was upon Gupta’s neck. Germany-Wald, the friend who was present at the time of the alleged crime, testified earlier in the day that he believed Fleming had applied the chokehold for just a few seconds, but couldn’t specify an exact period of time.
Jurors began hearing the state’s case against Fleming on Wednesday with police officers and Germany-Wald taking the stand after opening statements from prosecutors and the defense.
Prosecutors in arguing for a guilty verdict on the single manslaughter charge say Fleming’s reckless act of placing Gupta in a chokehold caused the man’s death. The defense says that while Gupta’s death was a tragedy, it was not a criminal matter.
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 flying to the Big Island from Pittsburgh. The trio had recently graduated from Carnegie Mellon University and had come to Hawaii to celebrate.
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 and police officers tried to revive Gupta, but they determined the man had died prior to their arrival, according to the police testimony.
The trial will continue into next week with more witness testimony in Kona Circuit Court Judge Robert D.S. 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.
