Pubdate: Wed, 26 Jun 2002
Source: Record-Courier (NV)
Contact:  2002 The Record-Courier
Website: http://www.tahoe.com/recordcourier/index.html
Details: http://www.mapinc.org/media/1353
Author: Scott Murphy, Staff Writer 
Related: http://www.mapinc.org/drugnews/v01/n1422/a11.html
Related: http://www.mapinc.org/drugnews/v01/n304/a02.html

BALL GETS MAXIMUM FOR RANCHOS FATAL CRASH

Saying he would take him "out of the loop of society" for a longer time if
he could, District Judge Dave Gamble sentenced Michael William Ball to the
maximum prison sentence of eight to 20 years Tuesday.

Ball, of Gardnerville, pleaded guilty May 20 to a Class B felony for driving
with a prohibited amount of a controlled substance in his bloodstream,
causing a wreck that killed 46-year-old Tamra Dykes.

"Scofflaws are always scofflaws until they get caught," Gamble said. "This
isn't my first rodeo with you."

Ball has an extensive traffic record including a high-speed motorcycle chase
in May 2000.

Gamble said he wished Ball had been as "introspective, tearful, thoughtful
and sad about your life" before causing the fatal crash as after his latest
arrest.

Dykes, a Gardnerville mother of four died instantly when Ball's Honda
Prelude struck her car July 16 on Tillman Lane in the Gardnerville Ranchos.

In an effort to provide mitigating evidence for the judge's consideration,
Ball's lawyer Allison Joffee called licensed psychologist May Ellen Wertz to
the witness stand.

Wertz testified Ball had "a very chaotic" childhood and was raised largely
by a violent, heroin-addicted father on the streets of Sacramento.

Wertz also testified Ball began using marijuana at age 7 and methamphetamine
at 11.

Ball has a drug dependency level seen in 1 in 100,000 people, Wertz said.

Ball, who is "situationally" depressed, has refused to take anti-depressants
such as Prozac because he "doesn't feel like he deserves to feel better,"
she said.

Dykes told Gamble he doesn't believe any amount of prison time can make up
for the damage Ball caused.

Dykes said his wife's death caused her to miss her son Ben's Eagle Scout
ceremony held one week after her death, which she organized.

"She was robbed of a reward she richly deserved," he said, referring to the
ceremony as well as weddings, future grandchildren and graduation
ceremonies.

"The real tragedy is not me," he said. "It's the kids. Her whole world
revolved around the children."

"If they let him out of here, in two days he'd go back to doing the crazy
stuff he does," Dykes said.

By pleading guilty, Ball was "just trying to weasel out of the situation he
got himself into," Dykes said. "I can't accept his apology."

Also, Dykes said Ball's May 20 apology and statement that he tried to save
Tamra Dykes after the accident was false.

"I don't know who he's trying to fool," Dykes said. He was worried about
whether she was dead and how much trouble he was in.

"It's unbelievable the amount of damage you can cause when you take
someone's life," he said.

"I don't understand how one of the best people in the world can have their
life ended by a scumbag like this," Dykes said.

Ball, 24, initially faced up to 52 years in prison before taking a plea
agreement offered by prosecutors.

In exchange for the guilty plea, a second charge of driving with a
prohibited amount of controlled substance in the bloodstream and causing
injury to his passenger Travis Hayes was dismissed.

However, Joffee is appealing Ball's guilty plea based on her contention the
law is unconstitutional.

The state Supreme Court is expected to rule later this summer in the Jessica
Williams case, which originated in Las Vegas.

Williams was convicted under the same law after killing six teens in 2000.

However, Deputy District Attorney Kris Brown said she offered Ball the plea
agreement because two Class C felony counts of reckless driving, which were
held in abeyance pending the higher court's ruling, would not likely have
been tacked on to the end of Ball's prison term.

He faced roughly the same amount of prison time, Brown said.

Nevada law requires Ball to serve 40 percent, or eight years, of the
sentence.

Ball's passenger, Travis Hayes, was also injured during the crash.

"It breaks my heart he has to go through this," said Ball's mother, Gloria
Townsend.

Joffee told Gamble that expert witnesses slated for testimony by herself and
Brown would have shown Ball was driving between 80 mph and 85 mph, not the
108 mph as testified to by the Nevada Highway Patrol during an August
preliminary hearing in East Fork Justice Court.

Joffee said Ball was very clear about deserving prison time for his actions.

Joffee said her client was "ready to go" to prison.

Ball told Gamble he was "ready to pay the price."

Ball was also ordered to pay $19,864 in restitution to Hayes.

Dykes did not seek restitution, Gamble said.
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