Man sentenced to 45 years in prison for 2021 double murder

Man sentenced to 45 years in prison for 2021 double murder

Two families have a little more closure after learning the fate of the man who killed their loved ones.

ALBUQUERQUE, N.M. – Two families have a little more closure after learning the fate of the man who killed their loved ones.

19-year-old Josef Toney shot and killed Aerial Mallam and Jessica Lucero in 2021. Now, he’ll spend up to 45 years behind bars.

“How in the world do we explain this to our grandchildren? You can’t,” said Margaret Lucero, Jessica Lucero’s Mother. 

Toney will be behind bars for the next four decades after shooting and killing Aerial Mallam and Jessica Lucero in 2021.

On Wednesday, Bernalillo County District Judge Courtney Weaks sentenced Toney to 45 years in prison with the opportunity for probation after 38 years.

He was 15 back in January 2021 when he went to the Aztec Village apartments on Montgomery and killed both women. He also shot Mallam’s uncle, Stephen Mitchell, three times.

Mitchell survived, and he spoke Wednesday in court, explaining how his life changed forever.

“What it’s done to me, it not only has taken the life of my niece, you know, someone I watched from birth and help raise. It’s taken my ability to work, my femur was shattered,” said Stephen Mitchell, a victim and Mallam’s uncle. 

Mitchell was one of nine loved ones who spoke on behalf of Mallam and Jessica.

Jessica’s sister says she was never able to properly say goodbye.

“We had to cremate my sister, because she was shot in the head, and I never got to see her face because they said it would be too hard for me to see. The best that I got was to say goodbye to a corpse filled body bag,” said Shantelle Rojo, Jessica Lucero’s sister.

Mallam’s 2-year-old daughter was also in the room when her mother was killed. 

“Your honor, he watched a 2 year old scream and cry and looked her in the eyes when he shot two women,” said Rayal. 

This past May, Toney reportedly escaped from the Bernalillo County Juvenile Detention Center, a month after signing a plea agreement in this case. 

Prosecutors say that escape pushed them to request a maximum sentence of more than 80 years. But the judge decided that was too harsh because Toney was 15 during the murders. 

Then, it was Toney’s turn to speak. He apologized for what he did, saying he now understands the gravity of his actions.

“At first, you guys hit it right on. When you said I was sorry because I got caught because that was the case. It was,” said Josef Toney. “It took a lot of time and a lot of me learning about real life situations. Like reading the news and reading books about real life and truly understanding that life is a precious thing.”

There are conditions for Toney’s probation down the line. For example, having a job, not owning any weapons, and he can’t drink alcohol or do drugs.

Toney still faces charges for that alleged escape from the juvenile detention facility. He turned himself in about 12 hours later. He’ll be back in front of a judge for that case next month.