Man kills 40-year-old who testified against his son at trial, NM officials say
A 46-year-old man is heading to prison in connection with a revenge killing in New Mexico, prosecutors said.
Theodore Toney was sentenced to life behind bars after being convicted of first-degree murder in Kenneth Ellis’ April 2024 death, the Bernalillo County District Attorney’s Office said in a June 3 post on Facebook.
The fatal shooting during an Albuquerque dance event came about eight years after Ellis gave testimony against Toney’s son during a homicide trial, prosecutors said, adding that “Toney threatened Ellis and his family after Ellis testified.”
Toney’s attorney, Jonathan Schildgen, said in a June 4 email to McClatchy News that “Mr. Toney is innocent and looks forward to his appeal.”
Schildgen added, “We object to the imposition of a life sentence as cruel and unusual punishment.”
In an online obituary, Ellis was described as “a die hard New England Patriots fan” and a Christian with “a very good relationship with the lord and savior.”
He played semi-professional football for years and coached youth sports, the obituary said.
The 40-year-old married father “touched so many peoples lives in such positive ways,” the obituary said. “(He) was so full of life, he always had a smile on his face and would tell people life is too short to be angry all the time.”
This story was originally published June 4, 2025 at 12:14 PM with the headline "Man kills 40-year-old who testified against his son at trial, NM officials say."
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