The Herald Bulletin

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March 27, 2014

Sentence upheld in local gang attack

INDIANAPOLIS — An Anderson gang member’s sentence for attempted murder and criminal gang activity has been upheld by the Indiana Court of Appeals.

It is the second conviction to be upheld in connection to a June 2012 attack in which three men attacked a rival gang member and hit him in the head with a baseball bat.

In the recent ruling, Donovan Ball sought an appeal after being sentenced to 50 years in prison following his conviction by a jury in Madison Circuit Court Judge Thomas Newman’s court. Ball sought an appeal contending in part that the trial court abused its discretion in jury instructions and in admitting certain evidence.

In January, Ruben Rosales’ 50-year sentence for attempted murder was upheld. A third teenager, David Rivera, received a 20-year sentence in the attack.

Ball, then 19, along with Chicago teens Rosales, then 19, and David Rivera, then 18, were members of the Latin Kings gang that had a rivalry with the Sorrento 13 gang. Sergio Torres was a member of Sorrento 13.

On June 27, 2012, Ball, Rosales and Rivereze were driving a van when they saw Torres walking, according to court records. The trio returned to Ball’s residence to get an aluminum baseball bat. A witness said she saw Ball leave the van with the bat. Another man, identified as Rosales, also got out of the van.

In the 600 block of East 27th Street, Ball approached Torres and struck him in the head numerous times with the bat. The trio fled the scene.

The witness took Torres to her home and called police. Torres drifted in and out of consciousness, court documents said. Torres was taken to then-St. John’s Medical Center where an emergency room doctor said Torres’ injuries ranked 13 out of 15 in terms of severity. Torres had multiple fractures and the right side of his skull had been cracked. Torres was flown by helicopter to St. Vincent Hospital in Indianapolis where he underwent surgery to have plates placed in his head.

The trio was identified and Ball was charged with Class D felony criminal gang activity and Class A felony attempted murder.

The Court of Appeals, in part, said the jury was not misled in receiving instructions about the charge of attempted murder.

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