An Onondaga County judge has thrown out an indictment against former Cicero schoolteacher James Ball in the Fourth of July 2017 shooting death of his brother-in-law. County Court Judge Thomas J. Miller did not stop prosecutors from seeking a new indictment. , defense lawyer Michael Spano said. 55 year old Ball is charged with shooting to death 40 year old Christopher Ross, during an argument inside Ball's home in 2017.Spano pushed for the indictment to be dismissed because he felt certain information pointing to the self-defense claim was not properly heard by a grand jury.