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Joshua Stewart Burks, a 36-year-old middle school teacher and a U.S. Marine Corps veteran, was initially charged with reckless manslaughter following the death on May 1 of Troy Ellis, reports WPMI, WALA, and AL.com. Get push notifications with news, features and more. + Follow
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But after a grand jury heard testimony on Dec. 10, Burks charge was elevated to capital murder of a person under the age of 14, making him eligible for the death penalty if convicted.
Burks has not entered a plea to the amended charge, and he is out on $60,000 bond.
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Joshua Stewart Burks, 36, was initially charged with reckless manslaughter in the death of Troy Ellis.
The grand jury, which heard the case on Dec. 10, upped the charge to capital murder of a person under the age of 14. Burks was booked back into the Jefferson County Jail at 3:18 p.m. Friday and was released at 5:30 p.m. after posting $60,000 bond. He was previously out on $15,000 bond.
Obed Ellis, Troy’s father and a football coach at Mortimer Jordan High School, was also injured in the shooting. Troy was a fifth grader at Cahaba Elementary School in Trussville when he was killed.