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Pittsburgh man acquitted in death of college friend during 2021 Hawaii vacation

Megan Guza
By Megan Guza
2 Min Read July 12, 2022 | 3 years Ago
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A jury in Hawaii acquitted a Pittsburgh man last week for the death of his friend during a vacation on the Big Island last year.

Benjamin Fleming, 39, a Carnegie Mellon graduate, was found not guilty of manslaughter.

Fleming and friends Abhishik Gupta of Pittsburgh and Alexander Germany-Wald of Boston, Elizabeth Township, took the trip in March 2021 to celebrate their graduation from Carnegie Mellon’s MBA program, according to Hawaii News Now.

Gupta, 30, died after he became “psychotically drunk” and Fleming had to restrain him at their rental home in Kailua-Kona. Prosecutors argued that while Fleming didn’t intend to kill his friend, he “was reckless in his use of the neck restraint,” Hawaii News Now reported.


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The three friends were out drinking when Gupta was thrown out of a bar, at which point Germany-Wald walked him back to the Airbnb, according to the Associated Press. Gupta was angry, according to testimony, and a fistfight ensued.

Fleming returned to the rental and intervened, restraining Gupta and getting him off of Germany-Wald, the AP reported. Fleming and Germany-Wald were in the kitchen later and could hear Gupta snoring, according to testimony. Later, they noticed he wasn’t breathing.

“I emphasized throughout the trial that Mr. Gupta’s death was undoubtedly a tragedy, but it was not a crime,” Fleming’s defense attorney Thomas Otake told Hawaii Public Radio. “Thankfully, the jury agreed, and we appreciate their service. While Ben and I are surely relieved, we remain mindful of the loss experienced by the Gupta family.”

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