Tapes: DeKalb CEO Ellis intimidated businesses


Digging Deep

The Atlanta Journal-Constitution, in a story published last July, was the first to make public the vendor lists compiled for DeKalb CEO Burrell Ellis that have become evidence in his ongoing corruption trial. The AJC has provided coverage of the Ellis case from the moment DeKalb authorities searched Ellis’ home 19 months ago through the corruption trial.

Complete coverage

The Atlanta Journal-Constitution brings our readers the most comprehensive coverage of the Burrell Ellis trial on our premium website, MyAJC.com/ellistrial/.

On the site:

> Read the latest AJC stories and analysis about this case.

> Browse an interactive that identifies the key players in the trial.

> Watch reporter Mark Niesse’s video about the case and what’s at stake for residents.

> Read court documents and review a timeline of the corruption probe.

A key witness against suspended DeKalb County CEO Burrell Ellis compared his actions against contractors to murder, an inflammatory comment that brought the corruption trial to a sudden but brief halt Wednesday.

The crowded courtroom audience gasped. Superior Court Judge Courtney Johnson temporarily stopped the trial. Ellis’ attorneys asked for a mistrial.

Johnson denied the request but told the jurors to wipe from their minds that provocative comment from Kelvin Walton, DeKalb County’s suspended purchasing director who wore a wire to capture incriminating recordings of Ellis. From then on, the pace of the trial began to drag as prosecutors reviewed ground they had already covered.

Ellis is fighting allegations that he used his power as the leader of DeKalb County’s government to extort campaign money from companies that wouldn’t give to his 2012 re-election campaign. He’s the highest-ranking metro Atlanta elected leader to go on trial in years.

Walton told jurors that Ellis’ practice of drying up business from companies that wouldn’t give campaign contributions was “just like a murderer.” He wasn’t allowed to finish his statement.

After a day and a half of questioning from prosecutors, Walton still hadn’t faced scrutiny from Ellis’ top-flight defense team. Their inquiry of Walton, who admitted lying under oath and working for prosecutors to avoid criminal charges, could begin Thursday.

Walton’s covert recordings of Ellis were repeatedly played in court for jurors to hear conversations in which he mixed official government business with his relentless pursuit of campaign cash.

Several times, Ellis said on the recordings he knows he couldn’t give contractors anything in return for campaign donations, but he expected them to share the wealth of their county contracts with him.

“I have a real problem with them getting the level of business they get,” Ellis said of a construction company. “Nobody’s asking them to do anything in exchange, but they’re one of the biggest beneficiaries of our work … They just won’t give, and that’s going to be part of the conversation.”

For the most part, Walton testified, he agreed with Ellis when he complained about vendors not returning his campaign solicitation calls. Walton said he went along with Ellis to keep his job and make it to retirement.

“I was his ‘yes man,’” Walton said. “I had 18 months before I retired, and I followed instructions from my boss.”

One of those directions Walton followed was to call an Austell-based vendor, Power and Energy Services, that hadn’t returned Ellis’ calls for political donations.

Walton said he was “kind of pushy for CEO Ellis. I wanted to get him off my back. I didn’t want to be chastised.”

In the recordings, with each unreturned phone call, Ellis became more and more angry. Ellis was still upset when he finally reached Brandon Cummings, the co-owner of Power and Energy Services.

“He does business with us and he was asking why should he give to my political campaign,” Ellis said.

Then Ellis seemed to move off his issue with the company not contributing to his campaign, saying instead his problem was that the company didn’t respond to his messages.

“I don’t want people to have a criteria that they give (campaign contributions) to me as to whether they can do business,” Ellis said on a recording. “I want them to be responsive. He won’t return my phone calls.”

Walton said he suggested one way to cut off uncooperative vendors would be to simply not call them for services and then let their contracts expire.

That’s what happened in late 2012, when the county stopped making service calls for generator repair to Power and Energy, which had a contract with the county worth up to $250,000.

By pulling the company’s business without canceling its contract, Walton said Ellis could avoid questions from the Board of Commissioners, which has to vote on cancelling contracts worth more than $100,000.

“We would have to answer questions (about) the reason,” Walton said.

“What was the reason?” asked Deputy Chief Assistant District Attorney Lawanda Hodges.

“Campaign contributions,” Walton answered.