Tepper MBA’s Manslaughter Trial Underway In Hawaii

An autopsy found that Abhishek Gupta, who graduated from Tepper in 2020, was strangled. His classmate is currently on trial for manslaughter in Gupta’s death

The trial of a Carnegie Mellon Tepper School of Business MBA accused in the death of his classmate while on a 2021 getaway in Hawaii is underway.

Benjamin Fleming is accused by prosecutors in Hawaii of using a “reckless chokehold” that led to the strangulation of Abhiskek Gupta, as they and another classmate, Alexander Germany-Wald, celebrated their graduation in 2020 from the Tepper MBA program.

Fleming is charged with manslaughter, not murder, which requires premeditation, Big Island deputy Prosecutor Chase Murray said in opening arguments Wednesday (June 29).

“The evidence this case will not show is that (Fleming) intended to kill Abhishek on March 28,” Murray said. “The evidence will show that the defendant was reckless in his use of the neck restraint, or sleeper hold, or chokehold.”

FLEMING SPENT 19 YEARS IN THE ARMY

Ben Fleming has been charged with manslaughter in the death of his Tepper classmate

Fleming, Gupta and Germany-Wald had rented a vacation house in Kailua-Kona on the big island of Hawaii in March 2021. In the early morning on Monday, March 29, prosecutors say, after a night of heavy drinking they returned to their vacation rental, where Gupta first got into a fight with Germany-Wald. Fleming then placed Gupta in a hold from behind.

Fleming, 39, went to Tepper in 2018 from the U.S. Army where he had served as a communications specialist. All told, he spent nearly 19 years in the Army, including a stint as a platoon leader of 24 soldiers that he led through training and over 300 operations in Afghanistan.

According to reports from local media in Hawaii, Fleming’s attorney argued in court on Wednesday that Gupta was still breathing after he was let go and had fallen asleep. “He starts snoring. They hear snoring,” said attorney Thomas Otake, who pointed to Fleming’s extensive Army training and experience as someone who knew well how to employ a chokehold.

‘CLOSEST OF FRIENDS’

Otake hinted that Gupta’s choking was caused by something else. “As Alex goes down and starts giving CPR … vomit comes out of Mr. Gupta. It will be undisputed that he vomited when he was lying there on the ground,” said Otake.

Otake added that Gupta and Fleming were the “closest of friends.”

“Without a doubt, without a doubt Mr. Gupta’s death was a tragedy, without a doubt. But the evidence was showing it was not a crime,” Otake said.

Germany-Wald was initially arrested but later released and never charged. Fleming’s trial continues next week.

DON’T MISS A HAWAII GETAWAY FOR TEPPER MBAs ENDS IN MURDER  and MURDERED TEPPER MBA REMEMBERED AS A ‘LOVABLE, KIND, CHARISMATIC, CARING BRAVE SOUL’

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