On a fateful morning in May 2020, what was meant to be a day of bonding and outdoor adventure ended in unimaginable tragedy for the Ellis family of Trussville, Alabama. Eleven-year-old Troy Ellis, a bright and active fifth-grader, lost his life during a turkey hunt, an accident that would forever alter the lives of all involved. The incident occurred during a guided turkey hunt in the rugged terrain of eastern Jefferson County. It was organized to support wounded veterans, a cause close to the hearts of many, including Troy’s father, Obed Ellis, a teacher and coach at Mortimer Jordan High School. But the day took a horrific turn when former U.S. Marine Joshua Stewart Burks, a 37-year-old veteran and amputee, fired a shot that would inadvertently claim the young boy’s life.
The case that followed was one of intense emotion, legal complexity, and profound sorrow, culminating in a plea agreement that has left an indelible mark on the community and the families involved. This is the story of the tragic accident that claimed Troy Ellis’s life, the legal proceedings that ensued, and the lasting impact on all those who were touched by this heartbreaking event.
The morning of May 1, 2020, began like many others for the Ellis family, filled with the anticipation of a day spent in the great outdoors. Troy Ellis, an energetic and curious child, was eager to join his father on a turkey hunt, an activity they had enjoyed together before. This hunt was special, however, as it was part of an event organized by America’s Heroes Enjoying Recreation Outdoors (AHERO), a nonprofit organization dedicated to providing recreational opportunities for wounded veterans.
Joshua Stewart Burks, a veteran of the U.S. Marine Corps who had lost part of his leg during his service, was one of the participants in the hunt. Despite his injuries, Burks had embraced life after the military, becoming a teacher and coach in South Alabama. This was his first time turkey hunting, and he was looking forward to the experience, which was meant to provide both relaxation and a connection with nature.
The group that morning included Troy Ellis, his father Obed Ellis, Joshua Burks, and Kyle Henley, a friend of the Ellis family and a fellow hunter. They set out early, navigating the wooded terrain of Cedar Mountain Road near Clay, Alabama. The plan was simple: locate the elusive turkeys, and enjoy a day of camaraderie and hunting. But as the group moved to a second location after finding no success at their first stop, the day took a dark turn.
Around 9 a.m., as the group settled into their new spot, the fatal shot was fired. In a moment of tragic misjudgment, Burks mistook Troy Ellis for a turkey. The young boy, who was wearing camouflage and a face mask as part of standard hunting safety gear, was struck by a shotgun blast that left him with 30 pellet wounds to his face and neck. His father, Obed, was also injured, taking a pellet to his knee. The scene that followed was one of panic, confusion, and heartbreaking attempts to save the boy’s life.
Obed Ellis, despite his own injury, immediately turned his attention to his son. He later recounted in court the horrific moments that followed the shot: “I looked at Troy and pushed his shoulder and said, ‘You alright?’ Then I pushed him over and he had two pellet wounds in his eyes, and I pulled his eyes back and I couldn’t see his pupils and there was so much blood.” In desperation, Obed performed mouth-to-mouth resuscitation, but it was clear to him that his son was gravely injured. “I saw the wound on his throat, and I knew he wasn’t going to make it. It was so bad.”
The group, now in shock, managed to get Troy into a utility vehicle. Obed continued performing chest compressions as they descended the mountain, but tragically, Troy took his last breath at 9:25 a.m.
The immediate aftermath of the accident was a blur of grief, shock, and disbelief. For the Ellis family, the loss of Troy was incomprehensible. The vibrant young boy, full of life and potential, was gone in an instant. The community of Trussville was also deeply affected, as news of the tragedy spread quickly. Troy was well-known and loved by many; his death left a void that would never be filled.
Joshua Burks, the man who had fired the fatal shot, was devastated by what had happened. A veteran who had faced the horrors of war, Burks now found himself at the center of a tragedy at home. The question that loomed over everyone’s minds was simple: How could this have happened?
In the months that followed, legal proceedings began to take shape. Burks was charged with reckless manslaughter, a felony that could carry significant penalties if convicted. The case was complex, as it involved not only the tragic loss of a young life but also the responsibilities and expectations of those involved in organizing and participating in the hunt.
The trial began in Jefferson County Circuit Court under Judge Clyde Jones. The prosecution, led by Assistant District Attorneys Misty Reynolds and Deborah Danneman, argued that Burks had acted recklessly, disregarding the safety warnings and protocols that are crucial in a hunting environment. They pointed out that Burks had not been shooting at a real turkey, but had instead fired his weapon at Troy, mistaking the boy for game. The evidence was compelling: Troy Ellis had suffered multiple pellet wounds, and the circumstances of the shot raised serious questions about Burks’s judgment and adherence to safety protocols.
On the other hand, the defense, led by Mobile attorneys Will Phillips and Robert “Bucky” Thomas, argued that the shooting was a tragic accident, not a criminal act. They contended that Burks, a man with no prior criminal record and a history of service to his country, had made a terrible mistake, but that it did not rise to the level of reckless manslaughter. They emphasized the emotional toll that the event had taken on Burks and argued that he should not be held criminally responsible for what was an unintentional and tragic accident.
The jury deliberated for two and a half days, struggling to reach a consensus. The decision before them was difficult: Should they find Burks guilty of reckless manslaughter, a felony that could result in a lengthy prison sentence, or should they opt for a lesser charge, such as criminally negligent homicide, which is a misdemeanor? As the jury’s deliberations dragged on, it became clear that they were struggling to reach a unanimous decision.
Faced with the possibility of a deadlocked jury, both the prosecution and defense teams began negotiating a plea agreement. On Friday afternoon, Burks pleaded guilty to reckless manslaughter. Under the terms of the plea agreement, Burks was sentenced to 15 years, with six months to be served in the Jefferson County Jail, followed by three years of probation.
The courtroom was filled with raw emotion as the plea agreement was announced. For the Ellis family, the plea brought a measure of closure, but it did not erase the pain of losing their son. Obed Ellis, who had testified earlier in the week about the horrific events of that day, was present as Burks addressed the court and the family directly.
In a moment that left many in the courtroom in tears, Burks expressed his deep remorse for what had happened. He turned to the Ellis family, including Obed, and spoke from the heart. “I hope that one day you can forgive me,” he said, his voice breaking with emotion.
In a powerful and poignant moment, Obed Ellis responded, “You are forgiven.” The words hung in the air, a testament to the strength and grace of a father who had lost so much. The courtroom, filled with family members, friends, and observers, was overcome with emotion. Assistant District Attorney Misty Reynolds later described the scene as “very powerful” and noted that the resolution, while difficult, was ultimately about Burks admitting responsibility for his actions.
The legal proceedings had come to an end, but the impact of the tragedy would continue to be felt for years to come. For the Ellis family, the loss of Troy was a wound that would never fully heal. They had sought justice, and while the plea agreement provided some measure of accountability, it could not bring back their beloved son.
In the wake of Troy’s death, the Ellis family was determined to honor his memory in a way that reflected his spirit and passions. They established The Troy Ellis Foundation, a nonprofit organization dedicated to supporting youth athletics in the surrounding communities. The foundation’s mission is to improve facilities, provide better equipment, and reduce the costs for young athletes and their families, ensuring that more children have the opportunity to participate in sports and experience the joys that Troy loved so much.
The foundation quickly gained support from the local community and beyond. Donations poured in, and the Ellis family, despite their grief, found solace in knowing that Troy’s legacy would continue to make a positive impact on the lives of other children. The foundation’s work is a testament to the resilience and strength of the Ellis family, as they channel their sorrow into something that brings joy and opportunity to others.
The tragic accident that claimed Troy Ellis’s life also sparked a broader conversation about hunting safety. Hunting is a cherished tradition in many parts of the United States, including Alabama, but it is an activity that requires strict adherence to safety protocols. The accident highlighted the importance of hunter education, the need for clear communication among hunting parties, and the critical role of identifying targets before firing a weapon.
In the wake of the accident, there were calls for increased awareness and education around hunting safety, particularly for events that involve inexperienced hunters or those who may have physical challenges, such as wounded veterans. Organizations like AHERO, which had sponsored the hunt, were reminded of the responsibilities they bear in ensuring that safety is paramount in all their activities.
The legal case also served as a reminder of the legal consequences that can arise from accidents that result from a failure to follow safety protocols. While Joshua Burks did not intend to harm anyone that day, his actions had devastating consequences, and the legal system held him accountable for the reckless nature of the shooting. The case underscored the fact that even accidents can carry serious legal repercussions, particularly when they result in the loss of life.
The tragedy that befell the Ellis family on May 1, 2020, is one that will forever be etched in the memories of those who knew Troy and those who followed the case. It was a heartbreaking reminder of the fragility of life and the importance of safety in all activities, particularly those that involve firearms.
For the Ellis family, the journey through grief and the legal process was a long and painful one, but they emerged with a sense of purpose in honoring Troy’s memory. The establishment of The Troy Ellis Foundation is a beacon of hope, ensuring that Troy’s legacy will continue to inspire and support young athletes for years to come.
For Joshua Burks, the plea agreement marked the end of a legal battle, but the beginning of a lifelong journey of living with the consequences of that fateful day. His story is a sobering reminder of the weight of responsibility that comes with handling firearms and the devastating impact that a moment of carelessness can have.
The community of Trussville, and the broader hunting community, were left to grapple with the lessons of this tragedy. It was a call to action for improved safety measures, greater awareness, and a renewed commitment to ensuring that such a tragedy never happens again.
In the end, the story of Troy Ellis is one of loss and grief, but also of forgiveness, resilience, and the enduring power of a community coming together to support one another in the face of unimaginable tragedy. The memory of Troy Ellis will live on in the hearts of those who knew him and through the positive impact of the foundation established in his name.
