Two men arrested in the attempted robbery of the Dallas Avenue Burger King &045;&045; one of whom allegedly held a gun to the head of a restaurant employee and pulled the trigger, only to have it fail to fire &045;&045; have had their bonds in the case set at $15,000 and $10,000.

Kelvin L. Ellis, 28, and his first cousin, Andrae Ellis, 19, stood motionless as Judge Nathaniel Walker set their bonds Wednesday in Dallas County Courthouse during their arraignment for the July 27 robbery.

Bond for Kelvin Ellis, the alleged gunman, was set at $15,000. Bond for Andrae Ellis, who admitted to police that he was the driver of the car that took his cousin to Burger King, was set at $10,000.

Because defendants in a criminal case are only required to post 8 percent of the total bond amount, getting out of Dallas County Jail will cost Kelvin Ellis $1,200 and his cousin $800.

Burger King manager Tamika Reeves, who was on duty the night of the robbery, said, &uot;I feel that the bond should have been more because of the fact that he did pull the trigger. My 7-year-old son could be without a mother right now.&uot;

Ellis’ defense attorneys, Blanchard McLeod Jr. and Kyra Sparks, argued that bond should be set even lower, while prosecutors sought to raise it.

Walker told attorneys in the case that his decision was well within legal guidelines. He was unavailable for comment afterward.

A preliminary hearing for both men is set for Sept. 10.

Court records show that the accused gunman, Kelvin Ellis, has been arrested six times on five different charges.

Records also show four times in which he failed to appear in court.

Court records show that this incident is Andrae Ellis’ first brush with the law.

According to police reports, shortly after midnight on the night of the robbery a gunman wearing a ski mask and dark clothing entered the back door of Burger King when an employee attempted to empty the trash.

He demanded money and told all employees to lay face down on the floor. Then he told Reeves to hand over the money that was in her office. She complied, putting the money in a bag.

Meanwhile another employee, Darrie Pettway, managed to knock a phone off the hook and dialed 911. Sounds indicating a robbery in progress were heard and officers were dispatched to the site.

Before police could arrive, the gunman became irate. He pointed the gun at Reeves, then at Pettway. Pointing the gun directly at Pettway’s head, the gunman pulled the trigger but the gun failed to go off.

Reeves stated that the gunman then fled the scene.

An hour later, law enforcement officials apprehended Kelvin and Andrae Ellis.

Reeves said that while operations at the restaurant have altered some since the robbery, the employees have pulled together for support.