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Wrongly Convicted Database Record
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Charge: |
Extortion & Perjury |
Sentence: |
5 years with 3-1/2 years suspended |
Years Imprisoned: |
0.67 |
Year Crime: |
2012 |
Year Convicted: |
2015 |
Year Cleared: |
2017 |
U.S. State or Country of Crime: |
Georgia |
County or Region of Crime: |
DeKalb |
City of Crime: |
Decatur |
Result: |
Judicially Exonerated |
Summary of Case: |
"W. Burrell Ellis Jr. was wrongly convicted on July 1, 2015 for perjury and attempt to commit theft by extortion in Decatur, Georgia in June 2012. The prosecution of Burrell Ellis was based on the allegation that while he was the DeKalb County CEO he attempted "to procure a $2,500 political campaign contribution from a DeKalb County vendor by threatening to cut the vendor’s contract with the County if the vendor did not contribute to Ellis’ campaign, and the perjury charges stemmed from Ellis allegedly lying to a Special Purpose Grand Jury about his role in cutting the contract of the DeKalb County vendor." Ellis' first trial ended in a mistrial on October 21, 2014 when the jury was unable to reach a verdict after 35 hours of deliberation over eight days. Ellis was retrial, and after his conviction by a jury, "on July 8, 2015, Ellis was sentenced to five years, with eighteen months to serve, for attempt to commit theft by extortion, and was given a concurrent sentence of five years with eighteen months to serve for one of the perjury counts." Ellis appealed. Ellis was released from prison on parole in March 2016. On November 30, 2016 the Georgia Court of Appeals reversed all of Ellis' convictions and ordered a new trial based on the trial judge's error of excluding evidence that supported Ellis' defense that he didn't routinely shakedown vendors. On February 6, 2017 the Office of the DeKalb County District Attorney submitted a motion and order to dismiss the charges that was granted that day by Judge Courtney Johnson." |
Conviction Caused By: |
Trial judge erroneously barred Ellis from presenting evidence supporting his defense that he didn't shakedown vendors. |
Innocence Proved By: |
"On November 30, 2016 the Georgia Court of Appeals reversed all of Ellis' convictions and ordered a new trial based on the trial judge's error of excluding evidence that supported Ellis' defense that he didn't routinely shakedown vendors. On February 6, 2017 the Office of the DeKalb County District Attorney submitted a motion and order to dismiss the charges that was granted that day by Judge Courtney Johnson." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
57 |
Age When Released: |
58 |
Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
"Ellis v. The State, No. S16A1246 (Ga. Sup. Ct., 11-30-2016) (Reversing convictions)" |
Information Location 1: |
http://www.gasupreme.us/wp-content/uploads/2016/11/s16a1246.pdf |
Information Source 2: |
"Conviction Overturned, CEO Burrell Ellis Retakes Reins In DeKalb: He makes buoyant return to government building Wednesday after reinstatement, By Craig Johnson (Patch Staff), Decatur Patch (Decatur, GA), December 14, 2016" |
Information Location 2: |
http://patch.com/georgia/decatur/conviction-overturned-ceo-burrell-ellis-retakes-reins-dekalb |
Information Source 3: |
"District Attorney won’t prosecute former DeKalb County CEO after conviction reversed, By Dan Whisenhunt, Decaturish.com, February 6, 2017" |
Information Location 3: |
http://www.decaturish.com/2017/02/district-attorney-wont-prosecute-former-dekalb-county-ceo-after-conviction-reversed/ |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org