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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.