From The Tribune staff reports
TRUSSVILLE — The man charged in the shooting death of Troy Ellis, 11, of Trussville, turned himself in to the Jefferson County Jail on Wednesday morning, according to jail records.
Joshua Stewart Burks, 35, of Mobile, was booked into the jail at 8:57 a.m. and was released after posting a $15,000 bond at 9:50 a.m.
Burks is charged with reckless manslaughter in the shooting that left Troy Ellis dead and his father, Obed Ellis, wounded. Obed Ellis is a football coach at Mortimer Jordan High School.
The sheriff’s office initially said the shooting was accidental but after an investigation, detectives presented evidence to the District Attorney’s Office and the DA determined an arrest warrant was justified.
SEE RELATED STORY: Man charged in connection to shooting death of 11-year-old from Trussville
The boy and his father were on a turkey hunt with a group when the boy was killed on Friday, May 1, 2020.
A GoFundMe account has been set up to support the family.
Burks’ attorney, Jonathan McCardle, said the shooting was an accident and he does not believe criminal charges should have been brought against his client.
“This was an absolute accident,” McCardle said.
McCardle said Burks is a Marine veteran and a school teacher.
“I’ve represented a lot of people,” said McCardle. “But this guy is a good person. He’s not a criminal, at all.”
McCardle said he can’t imagine what the Ellis family is going through and he said his client feels horrible about the accidental shooting.
“This was an absolute accident which in my perception, does not amount to criminal conduct,” McCardle said in a written statement. “We all feel extreme sorrow for the Ellis family. Our next steps are arraignment and then a Preliminary Hearing where we are able to learn more from the Government as to why it believe criminal conduct occurred. The simple story is Josh did not act criminally, but sadly a tragic accident did occur.”
SEE RELATED STORY: Hundreds gather for prayer in memory of Trussville child killed while hunting