Charge upgraded to capital murder in boy's hunting death

Shooting tile
Shooting tile

BIRMINGHAM, Ala. (AP) -- A man first charged with reckless manslaughter in the death of an 11-year-old boy who was shot during a turkey hunt is now facing a capital murder charge.

Joshua Stewart Burks, 36, of Mobile was arrested Friday on the upgraded charge and released on $60,000 bail after a Jefferson County grand jury returned the indictment, al.com reported. He now faces capital murder of a person younger than 14.

Troy Ellis, a fifth grader, was shot to death during a turkey hunt on May 1, and father Obed Ellis was wounded. The two were with Burks, who had served in the Marines, and another man during an event put on by a group that organizes hunts for wounded veterans like Burks, who had never before hunted.

Tommy Spina, an attorney who represents Burks, called the shooting a tragic accident.

"We are disappointed the grand jury saw the case differently than the magistrate and the district attorney's office that originally charged the case as manslaughter,' Spina said.

A wrongful death lawsuit filed by the family was settled previously.

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