I-Team: Boston Firefighter Charged With Corruption Avoids Conviction, Keeps Pension

BOSTON (CBS) - A former Boston firefighter admitted to the key facts surrounding his corruption case, but left a Charlestown courtroom on Friday without a conviction on his record.

And it will stay that way, as long as Fred Ellis Jr. stays out of legal trouble for the next 14 months.

The retired firefighter received a "continuation without a finding" ruling, meaning the blemish will disappear if he does not commit another crime while on probation.

Ellis was also ordered to pay $4,000 in court costs for the alleged extortion scheme first uncovered by the I-Team in 2011.

The conclusion means Ellis will keep his $87,000 tax-free pension. In Massachusetts, public officials convicted of crimes directly related to their jobs forfeit their taxpayer-funded retirement benefits.

Regardless, Andover resident Carey Poe told WBZ-TV it was worth it to stick with the case for nearly five years.

"If you know you're right, if you know you've been wronged, don't give up," Poe said.

In 2011, Poe was driving on I-93 when the gas tank fell off his pickup truck, spilling fuel all over the highway.

After calling 911, Poe said he heard from Ellis, a hazmat specialist with the Boston Fire Department.

According to Poe, the firefighter demanded he provide his credit card number to a cleanup company, Removal Specialists, which was not on a state list of approved vendors.

When he initially resisted, Poe claimed Ellis threatened to have him arrested. Intimidated, Poe said he eventually gave in and paid a $3,500 to Removal Specialist.

When it was all said and done, the Andover resident was on the hook for $11,000. He later successfully disputed the charges with his credit card company.

The Suffolk County District Attorney's Office launched a criminal investigation following the I-Team's initial story.

But after four years, investigators said they could not uncover evidence of kickbacks or other benefits to Ellis. As a result, prosecutors agreed with the "continuation without a finding" ruling.

Spokesman Jake Wark said that recommendation was based partly on Ellis' lack of a prior criminal record.

"The only chargeable offense was essentially an ethics violation," Wark said.

Defense attorney Claudia Lagos said the mistake should not define Ellis' 36 years of public service with the fire department. During the court proceeding, she cited the firefighter's response to New York City following the Sept. 11 attacks.

"Mr. Ellis has committed his life to the community. He really is a hero who has done so much," Lagos said.

But Poe said the incident had a lasting impact that stretches beyond just his personal encounter.

"It wasn't just a blemish to me," he said. "It's a blemish to the public's trust and the Boston Fire Department."

Ryan Kath can be reached at rkath@cbs.com. You can follow him on Twitter or connect on Facebook.