Death penalty OK’d in Vegas nightclub shooting

Wed, Dec 18, 2013 (4:40 p.m.)

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Benjamin Frazier, 41, appears in court at the Regional Justice Center Wednesday, Oct. 30, 2013. Frazier is accused of shooting two security guards and a patron outside the Drai's after-hours club in Bally's on Oct. 21, 2013.

Prosecutors have decided to seek the death penalty for a 42-year-old ex-convict accused of shooting and killing a nightclub patron and wounding two employees at an after-hours Las Vegas Strip nightclub.

An aide to Clark County District Attorney Steve Wolfson says prosecutors decided Wednesday to seek capital charges against Benjamin Paul Frazier.

A trial date hasn't been set. A hearing was pushed back to Jan. 8 to allow a doctor to conduct a psychological evaluation.

Frazier faces murder, battery and weapon charges in the pre-dawn Oct. 21 shooting at Drai's After Hours at Bally's.

Frazier's lawyer, Bob Beckett, says Frazier doesn't remember the shooting.

Police say Frazier disputed a $30 cover charge before wounding club employees Robert Farias and Anthony Guerrero, and killing 40-year-old Kenneth Brown.

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