Man accused of killing witness to 2015 homicide

Man accused of killing witness to 2015 homicide

Albuquerque police say a man shot and killed another man this weekend as retaliation for his testimony in court.

ALBUQUERQUE, N.M. – Albuquerque police say a man shot and killed another man this weekend as retaliation for his testimony in court.

Police released details after a homicide early Saturday morning on San Pedro. They say it’s connected to fallout from a 2015 killing in Albuquerque.

Albuquerque police say officers found Kenneth Ellis fatally shot in the head on the dance floor of a party. They now believe the shooting may have been some sort of revenge.

Investigators say Elk’s Lodge on San Pedro and Lomas was full of people attending a dance Friday night. But the dance quickly turned into a crime scene early Saturday morning. 

APD says officers responded to a callout of a man who was shot and killed around 1:30 a.m. Officers say they found Kenneth near the DJ stand with a fatal gunshot wound to the head. 

A witness told police she saw Kenneth walking before she heard a loud pop and saw him covered in blood. Police believe Theodore Toney is responsible for the shooting. 

Officers say they saw Theodore on Elks Lodge security camera footage near Kenneth right before the shooting and leaving immediately after the shooting. 

Police now believe they know why Kenneth was shot. Several witnesses told police Kenneth was a witness to a 2015 homicide and had to testify. Police say the suspect for the 2015 is O’Shay Toney, a relative of Theodore. They believe the shooting of Kenneth was retribution for testifying against O’Shay.

Back in 2015, police say Marvin Ellis – Kenneth’s uncle – was found shot to death near San Mateo and Zuni. Suspects, O’Shay and Thomas Stevenson, were arrested for the shooting. 

Court documents from this Saturday shows Kenneth was involved in a shootout six months after the 2015 homicide for “being a snitch.” 

Kenneth reported threats to him and his family.

Theodore is now charged with an open count of murder with a firearm enhancement. He’s in custody waiting to go before a judge.