YERINGTON - Criminal charges will not be filed in the shooting death of 43-year-old Walter Nelson Ball III of Silver Springs, Lyon County District Attorney Leon Aberasturi said Friday.
Aberasturi said the killing of Ball was justified under Nevada Revised Statutes and relevant case law. Aberasturi made his determination Friday after having been presented with the case on Monday.
Investigator Rob Hall, said the sheriff's investigation "clearly indicated the victims were in fear for their lives. The facts and the circumstances of this case are that the shooting was a justifiable homicide."
Ball was shot in the head by one of three daughters after he had abducted, beat and sexually assaulted them for nearly six hours June 23.
Ball had been arrested and was under investigation for three counts of sexual assault, six counts of incest and one count of assault with a deadly weapon. He was ordered by the court to stay away from his family. He was released on $100,000 bail June 17.
Early June 23, after drinking heavily, Ball broke into the home of family friend, 56-year-old Norma Clemensen, and brutally beat her. He then went a block west to his family's Via Camino home and shot his wife, Cindy Ball, while she was in her bedroom. She survived the shooting with injuries to her hand, face and neck.
He then ordered three of his daughters, ages 14, 16 and 19, to disrobe at gunpoint and drove them to a secluded park.
He left unharmed another daughter and his son, Hall said.
"The three children that he took from the residence were more involved in the criminal investigation than the two he left behind," he said.
Hall said the girls told police their father was drunk when he took them to a secluded part of Lahontan State Park, beat them with a 36-inch steal crow bar, and sexually assaulted them.
When Ball passed out in the back of the vehicle, one of the girls grabbed his gun and shot him in the forehead, Hall said. They drove the truck out of the treeline, where they encountered some people and eventually flagged down a deputy.
Ball was pronounced dead at the scene.
"The girls discussed their options and reasonably feared Ball would wake up and kill them," Hall said.
