Teen guilty in homeless man's death

The conviction means Ball avoids life in prison, which would have been the penalty had he been convicted of first-degree murder in the death of Melvin Washington. Instead, Ball faces a two- to six-year sentence.

In contrast, co-defendant Thomas Holden, 19, faces a 30-year sentence, despite agreeing to testify against Ball in exchange for prosecutors dropping first-degree murder charges against him. As part of that deal, Holden pleaded guilty to second-degree murder in the attack.

Washington's beating death was one of a series of assaults on homeless men last fall that claimed seven lives. No charges have been filed in any of the other deaths.

Ball wiped tears on the sleeve of his shirt after the manslaughter verdict was read.

His mother sobbed and yelled, "He wasn't there! He wasn't there!" as the courtroom cleared after the verdict was read.

Washington's sister, Nanette Leali, shook her head and quietly cried. She said she was disappointed that the jury hadn't returned a harsher verdict.

"A man was murdered here. That's not manslaughter," Leali said. "I'm glad they didn't say not guilty, but he committed murder. He killed my brother -- who was sleeping! It wasn't an accident. It was intentional."

Jurors declined to comment. Some were tearful as they left the courtroom.

The verdict was reached about 10 a.m. Wednesday, the third day of deliberation.

"Since we asked for a first-degree murder conviction, we are somewhat disappointed," prosecutor Phil Brimmer said. "Nevertheless, we are satisfied with the verdict."

Prosecutors said Washington, 47, was the target of the fatal attack on Sept. 8 because he had argued previously with two of Ball's friends about spare change.

Co-defendant Holden, 19, testified during last week's Denver District Court trial that Ball and Nathan Harrison, 20, attacked Washington as he slept on a steam grate in Skyline Park near 18th and Arapahoe streets. Harrison will be tried later.

Ball stomped on Washington's side while Harrison "was kicking him like he was kicking a soccer ball," testified Holden, who claimed to have kept two other homeless men from assisting Washington during the beating.

Defense attorneys Andre Adeli and Joseph Gavaldon said Holden blamed Ball to cut a deal and save himself from a life in prison.

The attorneys said Holden didn't even mention Ball until 52 days after the attack. Later, he told police he had lied about Ball's involvement and told defense investigators he wasn't even sure Ball had been there.

After pleading guilty, Holden said he had denied Ball's involvement because he was afraid of being hurt by Ball's friends. Later, he said he received seven letters in jail from Ball threatening to harm him or his family.

On Wednesday, Ball was ordered to stand trial on an additional charge of intimidating a witness because of the letters. The defense contended that Ball hadn't written them.

"You're a snitch. I can't believe you ratted on me," said one letter to Holden. "I wasn't there. I don't know anything."

"You got me in your mess, and the way I see it you should be directing all your time to correcting your mistake," said another. "Correct your mistakes or lose everything. Your fam(ily), your life, everything! Remember street rules -- Snitches are b------ that wind up in ditches with stitches. I live by that rule boyz and snitches aren't part of the family."

Contact Sue Lindsay at (303) 892-5181 or lindsays@RockyMountainNews.com.

March 23, 2000