With indictment returned, prosecution has 30 days to decide on death penalty for Drai’s shooting suspect

By Bethany Barnes

Friday, Nov. 22, 2013 | 2:41 p.m.

After a grand jury indictment today, prosecutors will weigh whether to seek the death penalty for a man accused of gunning down a patron at a popular Las Vegas Strip nightclub and wounding two security guards.

Benjamin Frazier, 42, is charged with one count of murder with the use of a deadly weapon, two counts of attempted murder with the use of a deadly weapon, two counts of battery with a deadly weapon and one count of carrying a concealed firearm or other deadly weapon.

Chief Deputy District Attorney Robert Daskas revealed at a previous proceeding in Las Vegas Justice Court that the case would be presented to a death penalty committee, which decides whether to seek capital punishment, if the case went to Clark County District Court.

The grand jury indictment sends Frazier’s case straight to Clark County District Court.

Frazier opened fire early Oct. 21 after a dispute over a $30 cover charge to the Drai’s After Hours nightclub inside Bally’s, according to a Metro Police arrest report.

He shot two security guards before a patron noticed the attack and jumped into the fray, according to police.

Kenneth Dion Brown, 40, was fatally shot in an attempt to wrestle the gunman to the ground, according the police report. The report indicates that Brown tried to subdue the gunman after he appeared to point his revolver toward customers.

Former Nye County District Attorney Bob Beckett is representing Frazier. Beckett is Frazier’s cousin, though Frazier always called him his uncle, Beckett said.

“You can never imagine this kind of thing happening in your wildest dreams,” Beckett told the Sun.

Beckett has said Frazier doesn’t remember anything about the incident, and it is unclear if his memory loss is related to drinking or a head injury he suffered while being subdued after the shooting.

“He’s very saddened by what he is being told,” Beckett said.

The prosecution has 30 days to decide whether to seek the death penalty. If they do seek it, Beckett said, he is confident he can handle the case since he has tried many capital cases.

Beckett said he will likely enlist the help of a second attorney to make sure he stays objective and does what is best for Frazier.

Frazier remains in the Clark County Detention Center without bail.