Man found guilty in fatal shooting at Elk's Lodge

A jury on Monday found a man guilty in a 2024 shooting death during a dispute on the dance floor of a social club.

Theodore Toney, 46, was found guilty of first-degree murder in the killing of 40-year-old Kenneth Ellis inside the Navajo Elks Lodge on April 6.

The 2nd Judicial District Court jury reached its verdict shortly after 2 p.m. on Monday after roughly five hours of deliberation.

The first-degree murder conviction requires Toney to serve a minimum of 30 years in prison before he is eligible for parole. District Judge Lucy Solimon said she will hold the sentencing hearing within 60 days.

The fatal shooting was captured on surveillance video from the Navajo Elks Lodge, located near Expo New Mexico. At the time, the club was filled with attendees who were at the club for a birthday party.

However, no eyewitnesses testified during last week’s trial, despite an estimated 30–40 people being inside the club during the shooting.

Toney’s attorney, Jonathan Schildgen, told jurors that the lack of eyewitnesses was a sign Toney did not fire the shot that killed Ellis, though Assistant District Attorney Jolanna Macias argued that witnesses were likely reluctant to testify in fear of retribution.

Prosecutors said the killing was likely retaliation after Ellis testified in the murder trial of Oshay Toney, who was accused of killing Ellis’ uncle. Oshay Toney was the son of Theodore Toney.

The night of the shooting, Albuquerque police officers responded to a call around 1 a.m. and found Ellis fatally shot by a single 9mm to the back of his head on the floor of the Elk’s Lodge.

Video footage captured Toney near Ellis before the shooting happened, and later recorded Toney leaving the club moments after the shooting.

“This murder was so incredibly egregious,” 2nd Judicial District Attorney Sam Bregman wrote to the Journal. “The victim in this case was shot to death in a room full of people. We hope the jury’s verdict brings justice to the family of Kenneth Ellis and the entire community.”