Jurors deliberating murder trial in Albuquerque nightclub shooting

Jurors are set to deliberate on a murder charge in a case involving a deadly nightclub shooting in Albuquerque. The shooting, which happened on April 6, 2024, resulted in the death of 40-year-old Kenneth Ellis. The accused, Theodore Toney, 46, is charged with first-degree murder, allegedly shooting Ellis in the head in a crowded venue. During the trial, prosecutors stated that witness cooperation was hindered by fear of retaliation. Assistant District Attorney Jolanna Macias told jurors that many witnesses did not want to testify because they were scared for their lives. Approximately 30 to 40 people were present at the Navajo Elks Lodge when the incident occurred, but most claimed they did not observe the shooting. Prosecutors argued that Toney acted in revenge for Ellis' testimony against Toney's son, Oshay Toney, in a 2016 murder trial. They emphasized that the case highlighted issues of intimidation. Much of the evidence relied on surveillance video from the club, which showed a chaotic scene during the shooting. Toney's defense attorney, Jonathan Schildgen, argued that the video did not prove Toney was armed or that he fired the fatal shot. He pointed out the presence of many people with firearms inside the club and questioned why no one could identify Toney as the shooter. He also suggested that the lack of eyewitnesses did not necessarily imply fear but rather a lack of evidence against his client. Further complicating the case, Kenneth Ellis' wife testified that Toney had threatened her husband in 2016 during Toney's son's sentencing. Prosecutors claimed this showed Toney's intent to kill Ellis. Toney's attorney countered that it would be unrealistic for Toney to hold a grudge for nearly a decade without acting sooner. The jury will begin their deliberations on Monday.