A historic photo shows firefighters putting out a blaze at the Saute Cafe in north Ocean City in 1983.
File photo
By Bethany Hooper, Associate Editor
A Worcester County judge last week reduced a convicted arsonist’s life sentence to 10 days after serving nearly four decades in prison for his role in a restaurant fire that claimed the life of an Ocean City firefighter.
While acknowledging the tough decision before him, Worcester County Circuit Court Judge Beau Oglesby last Wednesday opined that David Chris Ball, 58, was deserving of another chance within society after being incarcerated for nearly 39 years. Ball, convicted of arson and first-degree murder following a 1983 fire that killed Ocean City firefighter Jeff Dieter, sought an early release under Maryland’s Juvenile Restoration Act.
“The saddest part for me in this case is I can’t give Mr. Dieter a second chance …,” the judge said during this week’s hearing. “I can give Mr. Ball a second chance.”
In 2021, the Maryland General Assembly passed the Juvenile Restoration Act, which, among other things, created a pathway for individuals who have served at least 20 years of a life sentence for a crime they committed as a minor to seek a reduction of their sentence. To that end, Ball’s legal team at American University Washington College of Law came before the court in June with a request to reduce their client’s life sentence to time already served.
In his oral opinion this week, Oglesby said he found Ball to be of no danger to the public, and that it was in the best interest of justice for his sentence to be reduced. He said the court was also tasked with considering 11 factors, including Ball’s age at the time of the crime, any mental or behavioral issues, and the nature of the offense, to name a few.
“This isn’t a situation where there was an intent to kill,” he said. “This wasn’t a situation where there was any premeditation or any animosity toward the victim …”
Attorneys for the defense have acknowledged that on July 16, 1983, a 17-year-old Ball intentionally set fire to the Sauté Cafe in uptown Ocean City, leading to Dieter’s death while fighting the blaze. The defense attorneys, however, maintained that their client had no intention of hurting or killing anyone. They also pointed to Ball’s incarceration records, educational and work achievements, and involvement in several prison programs such as Alternatives to Violence and the Lifers Group. Four witnesses also took the stand in June to support Ball’s release from prison.
At that time, however, the prosecution argued that Ball was not ready to rejoin society and posed a threat to public safety. Worcester County Assistant State’s Attorney Lynn Nixon pointed to Ball’s history of fire setting behaviors, both before and after the Sauté Cafe fire, as well as the impact Dieter’s death had on the community. Those arguments were also supported by the state’s witnesses, Dieter’s niece and one of Dieter’s former colleagues.
Upon consideration of the facts in the case, the hours of testimony presented in June, and the scientific and medical evidence provided to the court, Oglesby said this week he would grant Ball’s request by giving him 14,128 days of credit toward a 14,138-day sentence. The remaining 10 days of his sentence will be served at the Maryland Correctional Institution, after which time he will be released to the TIME Organization in Baltimore, which will oversee his reentry into society.
Ball was also placed on five years of supervised probation, during which time he will be required to complete mental health and substance abuse evaluations, among other things. Oglesby concluded his remarks by acknowledging the eight firefighters present during last week’s proceedings. He said he was glad they were present to hear first-hand his reasoning behind granting Ball’s request.
“My respect and admiration of first responders, of firefighters, is without limit,” he said.
Following a year-long investigation into the arson fire that took Dieter’s life, Ball was charged in August of 1984 and later confessed to setting the blaze, according to old newspaper accounts. However, the charges were dropped in 1985 after the defense claimed Ball’s confession was coerced.
In 1986, the case against Ball was reopened, and that October he entered an Alford plea, for which he was convicted and given a life sentence with all but 10 years suspended without the possibility of parole. Two years later, Ball sought post-conviction relief on the grounds his legal counsel provided him incorrect information. From there, his conviction was vacated, and a new trial was set.
In 1989, following four days of arguments, a jury found Ball guilty of first-degree murder and first-degree arson. He was sentenced to life in prison later that fall.