By Bobby Mathews, Sports Editor
BIRMINGHAM — Jefferson County Circuit Court Judge Clyde Jones’ dynamite charge to the jury — designed to get jurors past the logjam of an 11-1 difference — also motivated attorneys for the prosecution and defense to come together to resolve the trial of a Mobile man who shot and killed a Trussville child.
Joshua Stewart Burks, 37, pleaded guilty to reckless manslaughter around 2:30 p.m. on Friday afternoon after the jury had announced that it was hung at 11-1. Burks agreed to a 15-year split sentence, serving six months in the Jefferson County Jail and then three years under supervised probation. If he completes both of those conditions, his sentence will be complete. If he violates his probation, he would have to complete the remaining portion of his sentence in prison.
When Jones asked if Burks had anything to say before sentencing, Burks turned to Obed Ellis, the father of 11-year-old Troy Ellis he killed in a May 1, 2020 hunting accident.
“I am so sorry,” Burks said, with tears in his eyes. “If I could I would wash your feet every day. I am so sorry.”
Burks is a former Marine who lost his right leg below the knee. He took part in a turkey hunt near Clay, organized by a group committed to helping disabled veterans enjoy the outdoors, although that group (A-HERO — America’s Heroes Enjoying Recreation Outdoors) has denied involvement in the hunt. The excursion was led by Kyle Henley. Burks was part of the honor guard at the funeral of former U.S. President Ronald Reagan, and he is a former teacher and coach in the Mobile area.
In a powerful moment, Obed Ellis looked back at Burks from the front row where he sat with his wife and softly said, “You are forgiven.”
The plea brings to a close at least one phase of this heartbreaking saga.
“There are no winners in this situation, but I believe that the family got the benefit of hearing all of the evidence in this case,” Deputy District Attorney Misty Reynolds said. “I think the truth came out. I believe ultimately the resolution is as just as it can be when you can’t bring somebody back.”
Reynolds and Deborah Danneman prosecuted the case for the district attorney’s office. When the jury announced that they were hung, the prosecution approached the defense with a plea offer.
“After the judge’s instructions (to the jury) on what’s called a “dynamite charge,” that’s when the district attorney’s office came to us with a possible plea offer,” said defense attorney Robert “Bucky” Thomas. “We discussed the offer with our client and his family and ultimately that’s what he decided he wanted to take.”
The judge gave the jury in the Joshua Stewart Burks trial the option of what is known as a “lesser included charge” during his instructions on Thursday. The jury deliberated for more than seven hours, communicating their frustrations at not being able to come to a conclusion via written notes to the judge.
As the jurors exited the courtroom, they refused to say which way the 11-1 vote leaned.