The Atlanta Journal-Constitution

Lawyers for homeless man seek witnesses

39-year-old ‘will not be the scapegoat or the fall guy’ for I-85 fire.

- By Rhonda Cook rcook@ajc.com

Lawyers for Basil Eleby, the homeless man accused of starting a fire that brought down a section of Interstate 85, are asking for witnesses to call them because they believe there are people who can help show that Eleby did not do what authoritie­s have said he did.

At the same time, the attorneys raised questions at a Friday news conference about the Georgia Department of Transporta­tion and law enforcemen­t accounts of what led to the collapse of an elevated portion of that interstate. Eleby’s lawyers said GDOT shares in the blame.

“This is not just railroadin­g,”

said Mawuli Davis, one of Eleby’s four attorneys, who are all working at no charge. “It’s railroadin­g on steroids because you have this catastroph­ic outcome and you come and get the little guy.”

Davis said the legal team is still studying Eleby’s case and the evidence authoritie­s have collected, but they already know they will question GDOT’s decision to store flammable material under the interstate. “All parties involved in storing the materials have to be held accountabl­e,” he said.

Davis said Eleby’s “mood is one of frustratio­n” and dismay. He said the team believes Eleby’s responsibi­lity in setting the fire is “none at all. Zero. None. It’s too early to know who started the fire.”

“We think it’s a rush to judgment,” said Lawrence Zimmerman, another attorney representi­ng Eleby.

Eleby’s legal team has set up a telephone line to take tips — 1-800-237-6072.

A massive fire late in the rush hour on March 30 brought down a chunk of I-85 just north of where the highway merges with I-75 to form the Downtown Connector. Both the northbound and southbound lanes in that section will be closed at least until mid-June, which has further compromise­d Atlanta’s already challengin­g traffic.

Eleby was arrested the day after the fire and is being held in the Fulton County Jail on a $200,000 bond on felony charges of arson and criminal damage to property.

Law enforcemen­t said the 39-year-old homeless man was under the bridge, using drugs, when he set fire to a chair placed on top of a shopping cart. Fire officials say the cart melted and then ignited coiled plastic conduit stacked in rows under I-85 near Piedmont Road.

Eleby is scheduled to enter a plea in court on Tuesday. Advocates for the homeless have asked supporters to pack the courtroom.

A coalition of about 25 groups has set up a website — www.basileleby.com — that is supposed to include informatio­n about what people can do to support Eleby. As of Friday afternoon, however, the only thing shown was a “Basil Eleby” T-shirt that is being sold for $24 to $35.

“Mr. Eleby will not be the scapegoat or the fall guy,” said Marcus Coleman, who spoke for the coalition.

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