WORCESTER COUNTY, Md. -- On Wednesday morning a Worcester County judge cut David Chris Ball's prison sentence short. Ball set fire to the Saute Cafe in Ocean City in 1983; 24 year old volunteer firefighter Jeffrey Dieter died battling the flames.
Ball walked into Worcester County court on Wednesday 38 years into a life sentence. He was convicted of arson and felony murder back in 1989. Now, Ball is looking forward to being a free man in just 10 days.
Inside courtroom two, a handful of firefighter's listened to the carefully spoken words of Judge Beau Oglesby. The group included firefighter's who were with Dieter on that fateful day in 1983 and Steve Price, President of the Ocean City Volunteer Fire Company.
"I think it was absolutely a fair decision, it'll be difficult for some of our members to understand that decision because of not understanding the statute, but to be fair, I think Judge Oglesby, we certainly respect his decision," said Price.
The crime committed:
In 1983, Ball and two others broke into the Saute Cafe in Ocean City, looking to steal money and other valuables. The group lit a fire on the exterior of the building to cover their tracks.
The Ocean City Fire Department responded and Dieter along with other firefighter's entered the building. The court described the extreme conditions inside the building, such as explosions, that led to Dieter being separated from the other first responders.
Dieter got trapped in a coat room, where he learned the front doors of the cafe were locked and the window inside the room was barred. Dieter died inside the coat room, leaving behind a wife and a five year old son.
Legal argument:
Ball's legal team began their argument for a reduced sentence back in June, arguing their client had served enough time under Maryland's Juvenile Restoration Act.
Lead council Olinda Moyd told us today's decision showcased why the statute was passed back in 2021.
"To see him[Ball] take advantage of the rehabilitative efforts that have been available to him and to see the man that he has become today from a 17 year old kid, we believe the judge did the right thing and we're very pleased with the outcome," said Moyd.
Factors considered by Judge Oglesby:
Throughout the hour long hearing, Oglesby listed more than a dozen factors that led to Ball's early release.
He cited that Ball was 17 when the crime was committed and said Ball's undeveloped brain, coupled with his IQ of 72, did not allow him to fully process the risk he was taking by igniting the fire or process the potential consequences of his actions.
When discussing the nature of Ball's offense, Oglesby said because it involved a death, it was the most serious topic a court could consider. However, Oglesby reiterated Ball's age, his IQ, and said he could not forecast what might happen and had no intention of killing Dieter.
It was said that Ball "substantially complied" while in prison with only 9 infractions in his 38 years behind bars. Many of those infractions happened when Ball was younger.
Educational programs were also highlighted. Ball completed several of them, including classes at University of Maryland Eastern Shore and earning a certificate in paralegal work.
It was also said that Ball has demonstrated a significant growth in maturity, showcased by his low number of infractions while incarcerated.
Oglesby considered statements offered by those close to Dieter, including Dieter's son and Dieter's niece. The judge said it is known Dieter's son, who was five at the time of his father's death, has experienced difficulties in life that can be attributed to losing a father figure.
Dieter's son is still dealing with grief, according to Oglesby.
It was considered that Dieter's funeral became a core memory for his niece, who's able to recall the weather from that day. She also reflected on the family's lifelong service to fire departments.
There was no statement made from Dieter's family at previous hearings pertaining to healing or forgiveness.
Oglesby said the court is mindful of Ball's impact on the family.
He also circled back to Ball's IQ and a report following a mental and physical exam.
The exam results concluded that Ball has significant limits of intellectual function, but was productive in prison and was able to complete jobs assigned to him without difficulty.
It was also found reasonable to assume that Ball is able to reflect on his actions.
Ball also began seeing a psychologist in 2023. Findings from that psychologist said Ball thinks about the victims daily and seeks forgiveness. In June of this year, the doctor offered an opinion that Ball is a low risk for future violence.
The next factor considered was Ball's family circumstance at the time of the crime. Foster parents adopted Ball when he was 10. There was no evidence his upbringing was difficult.
It was stated that Ball moved from New York City to Selbyville, Delaware at a young age. The move led to an inability for Ball to play ice hockey, a sport that was not offered in Selbyville and is something Oglesby said was important to Ball.
It left a void in Ball's life in the form of a team, teammates, and therapeutic benefits that can come from playing a contact sport. Oglesby said that led to Ball falling in with a bad crowd where he was influenced to fit in.
The judge argued Ball's move was "traumatic".
Ball's involvement in the crime was discussed. It was said the 19 year old with Ball told him to light the fire.
Oglesby did mention fires Ball had set prior to the blaze at the Saute Cafe and fires set after that incident when Ball moved down to Florida. Ball was charged for those fires down south, but was extradited back to Maryland to face punishment for his more serious crime.
The court found ample evidence that Ball had a liking to set fires.
Final factors considered by Judge Oglesby varied. He noted a thorough plan for Ball to re-enter society and the courts ability to watch of Ball without limits.
Oglesby also talked about other cases where people requested the same relief as Ball. Those requests were granted, including the request of Anthony Mohammed who was incarcerated with Ball.
Mohammed committed two murders when he was a minor and was released under the same pretenses as Ball. Oglesby said the court cannot ignore attempts at parody and said Mohammed was more violent.
All of those factors were considered as criteria for Maryland's Juvenile Restoration Act.
Maryland's Juvenile Restoration Act:
The statute was passed by Maryland's General Assembly in April of 2021 and went into effect in October of 2021.
It rules that those under the age of 18 cannot be put away for life without the possibility of parole.
Oglesby said Ball met the following requirements:
- Was 17 when the crime was committed
- Has served over 38 years behind bars
It permits the court to reduce his sentence if the court believes Ball is no longer a danger to public and that justice has been served.
Court's findings:
Ball has demonstrated a pursuit of rehabilitation and is prepared to re-enter society. The court also found that Ball is no longer a danger to the public, therefore granting his request for a reduced sentence.
What's next:
Ball will serve another 10 days in prison. When he is released, he will be placed under five years of supervised probation. Ball will be subject to all standards of probation, including:
- Providing a DNA sample
- Submitting to a mental health program
- No consumption of alcohol, marijuana, or abuse of prescribed medicine.
- Random drug tests
- Immediately entering the TIME program in Baltimore City.
Ball will serve his probation in Baltimore City.
Oglesby ended Wednesday's hearing by addressing the firefighter's in attendance. He said he was glad they were there to hear why he made his decision and that it's impossible to have a full appreciation for what firefighter's do.
"As Judge Oglesby said, we can't give Jeff Dieter a second chance, but Mr. Ball will have a second chance and we certainly hope he takes full advantage of that opportunity," said Price.
A Worcester County judge, giving David Chris Ball a second chance at life.