From The Tribune staff reports
TRUSSVILLE — The man charged in the shooting death of Troy Ellis, 11, of Trussville, is now charged with capital murder, according to jail records.
Joshua Stewart Burks, of Mobile, was originally charged with reckless manslaughter in connection to the Friday, May 1, 2020 shooting.
The shooting 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. A Grand Jury decided the charge should be capital murder of a person under the age of 14.
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.
Burks’ attorney, Jonathan McCardle, said the shooting was an accident and he does not believe criminal charges should have been brought against his client. Burks, a former teacher, is a U.S. Marine veteran and amputee.
Burks was booked into the Jefferson County Jail on Dec. 18 on the new charge and was released on a $60,000 bond the same day, according to jail records.
