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March 23rd, 2009 - Utahn Charged in Iraq Killings Suspended from Constable Job

News article from the Salt Lake Tribune

News article from Deseret News

1st feature article from the Salt Lake Tribune

2nd feature article from the Salt Lake Tribune

3rd feature article from the Salt Lake Tribune

Summary of the Blackwater Killings

Utahn Charged in Iraq Killings Suspended from Constable Job

Assault alleged - Girlfriend accused him of grabbing and pushing her.

 

By Nate Carlisle

The Salt Lake Tribune

March 23, 2009

 

A Utahn accused of participating in the Blackwater shootings of civilians in Iraq has been suspended from law enforcement for two years for allegedly assaulting his girlfriend.

 

Donald W. Ball grabbed his girlfriend by the neck and pushed her away, according to a report made public Monday at a meeting of the state's Peace Officer Standards and Training Council board.

 

The report said Ball resigned from the Salt Lake County Sheriff's Office Dec. 10, the same day board investigators questioned him about the episode. He also signed an agreement consenting to the suspension.

 

The incident occurred July 13, when Ball was still a cadet at Utah's police academy.

 

Donald Ball The report said Ball and his girlfriend were drinking and had a verbal argument. The pair stopped at a fast food restaurant. At the drive-up window, Ball received some ketchup and threw it at his girlfriend, the report said.

 

When they arrived home, according to the report, Ball's girlfriend began hitting him. That's when Ball grabbed and pushed her, the report said.

 

The girlfriend reported the episode to West Valley City police. Officers arrived and determined Ball was the aggressor in an attempted aggravated assault, but did not arrest him, according to the report. The city prosecutor reviewed the case but declined to file charges, "citing possible self-defense," said the report.

 

The board can suspend or revoke law enforcement certifications without the filing of any criminal charges.

 

Ball's attorney in Washington, D.C., Steven McCool, said Ball reported the episode to his supervisors shortly after it occurred and questioned the timing of the investigation.

 

"No administrative action was taken until months later ... interestingly enough, after charges were filed in the Blackwater case," McCool said Monday.

 

Ball notified his supervisor at the police academy on Aug. 25, according to the report. Scott Stephenson, board director, said cadets are required to notify superiors of any off-duty contact with police immediately. Ball's superiors reported the incident to investigators after the Blackwater indictments were announced, Stephenson said.

 

Ball and four other former Blackwater security guards are charged with 14 counts of manslaughter. The charges stem from a 2007 incident in Iraq in which the U.S. government claims the guards opened fire on innocent civilians. The guards have claimed they were returning fire.

 

Ball, of West Valley City, was one of about 20 peace officers suspended or permanently banned from law enforcement by the board on Monday at its quarterly meeting here.

 

Ball was employed as a private constable. At a federal hearing in Salt Lake City, two days before Ball resigned, his attorneys asked a federal magistrate to allow Ball to keep firearms so he could keep his job.

 

External link: http://www.sltrib.com/ci_11977307?source=most_viewed


Former Blackwater guard gets badge suspended in Utah

 

By Ben Winslow

Deseret News

March 23, 2009

 

St. George - A West Valley man accused of participating in a massacre of unarmed Iraqi civilians has had his police-officer status suspended.

 

The Utah Peace Officer Standards and Training Council voted unanimously Monday to suspend Donald W. Ball's special-function-officer certification until 2010 for allegations of assault stemming from a fight with his girlfriend.

 

An investigative summary released by the POST Council said West Valley police were called to Ball's home on a report of a fight. The report claimed that Ball had been drinking with his girlfriend when they got into an argument and decided to drive home. Ball stopped at a fast-food restaurant, and when his girlfriend requested ketchup, the report claims, he threw the packets at her face.

 

"After Ball arrived at his home, his girlfriend started hitting him," POST investigator Paul Kotter wrote. "Ball grabbed his girlfriend by the neck and pushed her away. After escaping his grasp, Ball's girlfriend called the police."

 

Ball was never arrested, nor was he charged by the city prosecutor because of possible self-defense issues, the report said. Ball was employed by the Salt Lake County Constable's Office as a bailiff and resigned after being questioned by POST investigators on Dec. 10, the report states.

 

Ball, 26, is one of five former guards for the private security contractor Blackwater Worldwide who are accused of killing 14 unarmed Iraqis and wounding 20 others in September 2007. He has been indicted by a federal grand jury in Washington, D.C., on manslaughter charges. Attorneys for the guards have claimed they were under attack and defending themselves.

 

External link: http://deseretnews.com/article/1,5143,705292673,00.html


Dueling pictures of ex-Utah Marine emerge

Iraqi deaths - Between an Eagle Scout and accused killer, the Blackwater guard's conflicting image reflects the case's complexity.

 

By Matthew D. Laplante

The Salt Lake Tribune

March 23, 2009

  

Editor’s note: This story originally ran Dec. 11, 2008.

 

Baghdad was beginning to come back to life - and on Sept. 16, 2007, the traffic in the intersection at Nisoor Square was showing it. Converging in vehicles, bicycles and on foot were parents and children, students on their way to school, professionals and day laborers.

 

Within moments, at least 14 of them would be dead. More injured. One man was shot in the chest as he stood with his hands above his head. Several were killed while attempting to flee a sudden eruption of gunfire and grenade explosions.

 

It was the type of scene that Iraqis have come to know all too well. This time, however, the attack came not from terrorists, insurgents or rebel militiamen - but from Americans.

 

An indictment filed Monday alleges that a former Marine from Utah, Donald Ball, and five other security contractors shared criminal responsibility for the massacre at Nisoor Square. Ball and four of the other accused men surrendered to authorities at the federal courthouse in Salt Lake City. A sixth pleaded guilty on Friday.

 

Prosecutors are calling the attack "a shocking violation of human rights." And that is hardly the most damning of what has been said. As three of the men entered court on Monday morning, a man from across the street yelled, "baby killers."

 

But to those who knew him, Ball was not a mercenary or a monster. Much to the contrary. Now, between Eagle Scout and accused killer, there remains much to reconcile.

 

With honorable intentions

 

The men charged Monday are honorably discharged soldiers and Marines. As security contractors they returned to Iraq to do a job - a job made necessary at a time when the U.S. military was stretched precariously thin.

 

They are, according to family members and friends, tough men who made a split-second decision in an impossible situation.

 

Those who have known him, both before and after the attack at Nisoor Square, have called Ball a kind, compassionate and humble human being. He was an Eagle Scout who joined the Marines shortly after the terrorist attacks of Sept. 11, 2001, accepting what he saw as honorable work in tribute to his father, who had died of a heart attack two years prior.

 

"He always wanted to do something that would make his father proud," said Ball's mother, Karen.

 

After three tours of duty in Iraq with the Marines, Ball found a job with security contractor Blackwater Worldwide -- a role that would bring him back to Iraq with a much larger salary than he'd gotten from the Marines. Using his first paychecks and his military savings, he purchased a home in West Valley City for his widowed mother.

 

The money was good, Karen Ball acknowledged, but that was not the only reason her son went back to work in Iraq. "He felt as though he had more to contribute," she said.

 

"You cannot have had an intimate conversation with my brother … and conclude that he would have done anything, anything at all, other than out of love and defense of those people," said Ball's older brother, Troy.

 

"I'd have him on my side at any time," said Angie Oldham, who works with Ball as a security officer at the Salt Lake City Justice Courts building and is his classmate at Salt Lake Community College's police academy, from where he is scheduled to graduate later this month. Under court order, Ball will be permitted to carry a gun while training and working, but will have to turn in his sidearm at the end of each shift.

 

David Attridge, Ball's academy supervisor, said he has had a number of conversations with Ball about what occurred at Nisoor Square, and "he's been pretty adamant in stating that they didn't fire until they were fired upon."

 

That is not, however, what investigators have concluded.

 

When hell broke loose

 

In a meticulous probe that took the FBI and others more than a year to complete and involved hundreds of witness interviews, investigators resolved that none of the victims were armed. They also found fault in the explanation, maintained by Blackwater and being employed by defense attorneys for the accused men, that the contractors had come under attack and were fighting for their lives.

 

"While there were dangers in Baghdad in 2007, there were also ordinary people going about their lives," said Pat Rowan, assistant attorney general for national security. In Nisoor Square, Rowan said, the decisions of a small number of men cost many innocent people their lives. It also brought to international light the brutal tactics being used by some security contractors that many Iraqis had been complaining about for years.

 

Mahdi Abdul-Khudor, who lost an eye in the incident, said he hoped the court would punish the contractors. "This matter makes me happy, and I hope they will receive a just penalty," Khudor said. "They took my eye, the better part of me. I hope the court will give me justice."

 

Khalid Ibrahim said his father, Ibrahim Abid, a 78-year-old gardener, was killed when he was caught in the shooting while driving home. Ibrahim said his mother was overwhelmed by grief and died six months later.

 

"The indictment of the Blackwater members is good news for us because the killers must pay for their crime against innocent civilians," he said.

 

The incident that claimed Ibrahim Abid's life began as a Blackwater convoy of four heavily-armed vehicles known as "Raven 23" left Baghdad's Green Zone - allegedly without permission from military officials - in response to a roadside bomb attack on another Blackwater convoy. Before Raven 23 could get there, however, it was slowed by traffic in Nisoor Square.

 

As the convoy began to pull around the traffic, investigators believe, a white Kia sedan pulled close to one of the contractor's trucks. Prosecutors say there is no way the driver of the Kia should have been mistaken for a threat, but one of the contractors nonetheless fired his assault rifle into the sedan, killing its driver and passenger.

 

And that, prosecutors say, is when hell broke loose.

 

Death without warning » The first victim was Ahmed Haitham Ahmed, a 20-year-old medical student who was shot in the head, apparently with no warning. Next to die was his 46-year-old mother, Mahassin Mohssen Kadhum, whose body was riddled by American bullets, according to U.S. investigators.

 

Also dead was Ali Khalil Abdul, a 54-year-old blacksmith who was shot in the chest while driving his motorcycle. Car dealer Osama Fadhil Abbas was killed as he stepped from his truck. Taxi driver Mahdi Sahib Nasir died when he was shot in the side.

 

In a Monday press conference, prosecutors noted that one man had been shot even as he held his arms above his head in surrender. And a grenade allegedly launched by the contractors had found its way into a nearby girls' school.

 

Prosecutors allege that there had been "no attempt to provide reasonable warnings" to those who came under attack.

 

"Iraqi citizens were going to lunch, stopping at the market, traveling with their families and children," said Joseph Persichini Jr., FBI assistant director-in-charge at the bureau's Washington Field Office, which led the investigation. "The individuals charged today displayed a blatant disregard for the core values of the United States Constitution and failed to adhere to the rule of law and the respect for human life."

 

In the heat of passion » There is little, yet, with which to reconcile the dueling emerging pictures of Ball and the other defendants.

 

In court Monday afternoon, attorneys noted that Ball and two others suffered from post-traumatic stress as a result of earlier combat tours in Iraq - though no specific motive has been alleged other than as an explanation for the charge of manslaughter, rather than murder.

 

"The charge that we've levied … is voluntary manslaughter," Rowan explained. "This is an unlawful killing upon sudden quarrel or heat of passion."

 

Inherent in that charge, Rowan said, was an acknowledgement that "there may be mitigating circumstances surrounding the offense … that the offense occurred in a difficult situation."

 

"We take no pleasure in charging individuals whose job was to protect Americans," added Jeffrey Taylor, U.S. attorney for the District of Columbia.

 

But, the prosecutors said, none of that excuses what happened in Nisoor Square.

 

As such, Persichini said, the accused men "must be held accountable for their actions, not just for the integrity of the American people but for the Iraqi men, women and children whose lives have been destroyed."

 

But for some the answers are not so simple as finding someone to blame.

 

A deadly balance

 

Slipping into the back of the courtroom on Monday afternoon was a tall woman with curly blond hair and a solemn expression on her face.

 

Carol Thomas Young did not know Ball or any of the other defendants. She does not know what happened in Nisoor Square. But perhaps more than anyone in the courtroom, Young understands the life and death decisions that security contractors in Iraq are forced to make.

 

It has been three and a half years since Young's son, 27-year-old security contractor Brandon Thomas, was killed in Baghdad when a suicide car bomber plowed into his truck in a crowded Baghdad intersection. And not a week goes by in which Young doesn't question whether her son's life might have been spared if different decisions had been made on that day.

 

Young said her son sometimes complained about the posture taken by some of Blackwater's contractors.

 

"They had tactics that were a little more aggressive than what he thought was best," she said. "But what can I say about that? He was killed and they came home."

 

Young was saddened by what is already being said about the accused contractors. She winces at words like "mercenary" and sighs over those whose verdict, long before a jury hears the case, is "baby killer."

 

She knows that some would express similar sentiments about her son, too.

 

"I don't know what happened in this case," said Thomas Young, a former U.S. marshal who acknowledged the possibility that the men may indeed have acted criminally. "But I know the men who do this work. They don't go over there looking to stir up trouble. Trouble finds them."

 

And sometimes, she said, it costs them their lives.

 

Julia Lyon, Nate Carlisle, Jason Bergreen and Lindsay Whitehurst contributed to this report. The Washington Post and The Associated Press contributed to this story.

 

External link: http://www.sltrib.com/ci_11167662


Family, friends say manslaughter accusations don’t fit with Ball's character

 

By Julia Lyon, Jason Bergreen & Lindsay Whitehurst

The Salt Lake Tribune

March 23, 2009

 

Editor's note: This story originally ran Dec. 11, 2008.

 

Manslaughter charges filed this week against a Utah man who took part in a deadly incident in Baghdad last year have come as a shock to friends, colleagues and family members.

 

They describe accused security contractor Donald Ball - a former U.S. Marine with aims to become a police officer - as a calm, compassionate and honorable man.

 

The 26-year-old's co-workers at the Salt Lake City Justice Courts, where he works as a security officer, were dumbfounded by the charges of manslaughter and attempted manslaughter levied Monday. They say Ball is a man of unquestionable integrity who could not have intentionally killed an innocent person.

 

"I'd have him on my side at any time," said Angie Oldham, a security officer at the court who is also a classmate of Ball's at the police academy at Salt Lake Community College.

 

Deputy Terry Thomas, who trained Ball for his duties at the court, called Ball "an upstanding young man."

 

Thomas observed Ball on the job and saw him remain calm under stress, never raising his voice. The charges didn't make sense, Thomas said.

 

"There's no way you take four or five guys, highly trained - they're not going to open fire unprovoked on a crowd of civilians," said Thomas, who was one of the law enforcement responders at the Trolley Square shootings. "It's sad to see guys like that who sacrificed their time, put their lives on the line every day to fight for the people of Iraq ..." he said. Oldham finished his sentence. "They get the shaft," she said.

 

Ball grew up fishing with his father and was an Eagle Scout. He went to school in Kearns and Holladay, and helped care for his mother and siblings after his father passed away of a heart attack in 1999.

 

He graduated in 2001 from Cottonwood High School, where he lettered in track and cross country.

 

Ryan Murrell ran on the boy's cross country team with Ball when they were both juniors. Murrell said his brother sent him a text message on Sunday before church telling him about Ball's legal tangles.

 

Murrell, who said he hung out with Ball in high school, remembered him as a kind, funny and outgoing student who had a good reputation, but was not overly popular.

 

"He was always one to crack a joke here and there," Murrell said.

 

Ball only ran cross country for one year.

 

"He wasn't that quick," Murrell remembers. "He just did it because a couple of people he hung out with did it. He just didn't have the endurance."

 

What Ball did have, said his older brother Troy, was an insatiable desire to serve his country.

 

"All of his really good buddies joined the military at the same time," Troy Ball said.

 

But Troy Ball said that was not the only reason his brother decided to serve.

 

"We actually have a long family history of military service," Troy Ball said, noting that their grandfather was a paratrooper in World War II and their great grandfather has served in World War I. "This was my brother's way of honoring my father - by making a difference."

 

Ball helped support his family with his military paycheck. After he left the Marine Corps, and shortly after he started with Blackwater, he bought a home for his mother in West Valley City.

 

Troy Ball said his brother had a great amount of respect for the people of Iraq. "He always said that they were people, just like us. They get up in the morning and they go to work and they worry about their kids," Troy Ball said. "He really felt as though he was helping to bring them freedom and an opportunity to enjoy all the blessings that we as Americans have."

 

Reporter Matthew D. LaPlante contributed to this report.

 

External link: http://www.sltrib.com/ci_11173025


Brother says Utahn is innocent in Iraq deaths

 

By Lindsay Whitehurst

The Salt Lake Tribune

March 23, 2009

 

Editor’s note: This story originally ran Dec. 7, 2008.

 

Troy Ball said he knows his brother Donald Ball is innocent of charges related to a 2007 shooting at a traffic circle that left 17 Iraqis dead.

 

"I'm very confident the truth will come out. I believe he will be totally exonerated of all charges," said Troy Ball, a 38-year-old Kearns resident and middle school teacher.

 

Donald Ball, 26, of West Valley City, is one of five Blackwater Worldwide guards accused in the shooting. Indictments against the five will be unsealed in a 1:30 p.m. hearing Monday at the Salt Lake City federal courthouse, where all five are expected to surrender to the FBI

 

A decorated Marine, Donald Ball had completed three tours of duty in Iraq when he decided to return as a guard. He originally joined the U.S. Marines after the Sept. 11, 2001, terrorist attacks, Troy Ball said, to honor their father after his 1999 death of a heart attack.

 

"It was his way of making a difference in the world," Troy Ball said, calling his brother a hard worker and Eagle Scout who had a great love for his country.

 

After three tours of duty, Ball returned to Iraq as a Blackwater guard.

 

"He was doing what he felt was right," he said.

 

His brother viewed the U.S. army as a liberating force, and respected the Iraqi people, Troy Ball said.

 

Donald Ball grew up in Utah with older brother Troy and three sisters. He is not married and has no children, his brother said. His mother lives in the Salt Lake City area.

 

The family is planning to attend the guards' hearing Monday, as are several of Donald Ball's friends, some of them fellow veterans.

 

External link: http://www.sltrib.com/ci_11165192

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