HOT SPRINGS -- The trial of a Bentonville firefighter arrested earlier this year after an altercation with an Asian man outside Oaklawn Racing Casino Resort ended after a day of testimony Friday with Garland County District Judge Joe Graham taking the matter under advisement until Oct. 1.
Benjamin Snodgrass, 45, who later resigned from his position as captain in the Bentonville Fire Department, was charged with misdemeanor counts of third-degree battery and public intoxication stemming from the March 13 incident involving Liem Nguyen, 35, of Hot Springs. Snodgrass was accused of making racist remarks and threats to Nguyen.
Nguyen testified Friday that he had been at Oaklawn "playing craps" in the casino that night and left to go home, calling an Uber to pick him up. He said he was waiting outside in front of Oaklawn where Ubers and cabs pick up customers.
Nguyen said he was minding his own business and that Snodgrass was sitting on a curb nearby when Snodgrass "began making comments to me" asking, "'Do you know you're in America?'"
Nguyen said he repeatedly told Snodgrass that he "didn't want any trouble" and moved away from him, but he said Snodgrass came toward him again. So Nguyen got the attention of an Oaklawn employee, Mickey Davis, and asked for help.
At one point, after Nguyen and Davis walked over to talk to a security person, Snodgrass began walking away, Nguyen said. Nguyen returned to where he was but asked Davis to stay with him until the Uber arrived.
He said Snodgrass "came at me" a second time and "put his hands on me" and "told me he was going to kill me and my kind of people." He said Snodgrass was "very loud" and that he could smell the alcohol on him.
Nguyen said he put his hands up in the air, but Snodgrass continued to push him, so he began punching Snodgrass to defend himself.
"He was bigger than me," Nguyen said. "I'm way smaller than him."
Nguyen said they both fell to the ground and that Snodgrass still had hold of his shirt, which was ripped during the struggle.
He said he told Davis to call Hot Springs police and that officers arrived "within a minute or two." He said he had no interaction with Snodgrass after that. Nguyen said he suffered an injury to his wrist, which he later admitted was from punching Snodgrass, and a scrape on his knee from hitting the pavement.
Attorney Joe Churchwell, who represented Snodgrass along with attorney Brent Miller, hammered at Nguyen's testimony during cross-examination while showing security footage from Oaklawn of the incident, some of which was blocked by a pillar obscuring the view of the struggle.
At one point, Nguyen testified Snodgrass put his hands around his throat for "about a minute" while he had his hands up in the air, but when Churchwell pointed out that didn't appear to match the footage Nguyen said Snodgrass had his hands "in the vicinity of his throat" and that he grabbed his shirt.
Churchwell also questioned why Nguyen had returned to the area near where Snodgrass was if he was concerned about his safety. He also questioned apparent inconsistencies in the exact nature of the threats made by Snodgrass, but Nguyen insisted Snodgrass had threatened to kill him.
Davis testified he worked in maintenance at Oaklawn and had just got off work for the night when Nguyen got his attention. He said he heard Snodgrass saying, "'You don't belong here. You don't belong in this country.
Davis said Snodgrass grabbed Nguyen, who kept telling him, "'Let me go!'" and that Nguyen punched Snodgrass "trying to get him off him."
Hot Springs police officer Tyler Ward testified that he spoke with Snodgrass and could immediately tell he was "under the influence of alcohol," noting he could smell it and "he wasn't making much sense."
He said Snodgrass mentioned Nguyen "not being from America," but didn't admit to attacking him. He said he charged him with third-degree battery.
Under cross-examination by Miller, Ward noted Snodgrass was "very polite and very cordial" after his arrest and "never gave us an issue." He said Snodgrass mentioned something about "gases being pumped into the casino" at Oaklawn and that he told officers he was "hammered."
Deputy Prosecutor Drew Middlebrooks rested his case shortly after 11:30 a.m. and Miller motioned for a directed verdict, noting Nguyen's testimony wasn't consistent with what they could see in the video.
"His account is not accurate," Miller said.
Graham denied his motion, noting Nguyen had indicated he was injured during the attack and that the trial should proceed. Miller said he expected to have at least four witnesses for the defense.