Judge tosses indictment against ex-Cicero teacher charged with killing brother-in-law

James Ball, 55, had his indictment thrown out by an Onondaga County judge on Monday (Photojournalist Dennis Harmon)

On Onondaga County judge has thrown out an indictment against the former Cicero school teacher charged in the shooting death of his brother-in-law.

James Ball, 55, is accused of shooting to death Christopher Ross, 40, last summer inside Ball's residence.

Investigators said the shooting happened at Ball's home on Chinkapin Circle around 5 a.m. on July 4, 2017. Sheriff Eugene J. Conway said there was a physical confrontation between the two and there was alcohol involved. Ball's wife had attempted to separate the two and briefly succeeded, Conway said. At some point Ball allegedly fetched a .22 caliber rifle and shot Ross multiple times in his upper extremities, according to Conway.

Ross was taken to Upstate University Hospital, But he Succumbed to his injuries shortly after arrival.

Ball was a 4th grade teacher at the North Syracuse Central School District's Smith Road Elementary School at the time. He retired from the district last fall.

Rick Trunfio, 1st chief assistant district attorney in Onondaga County, told CNYCentral "we disagree with Judge Miller's decision and we intend to appeal it."

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