Judge denies bail change in child-molestation case

Friday, July 30, 2004 | 9:20 a.m.

A 40-year-old Las Vegas shuttle driver accused of molesting two 13-year-old girls after luring them into a closet with a promise of lollipops will remain jailed in lieu of an $80,000 cash bond.

District Judge Donald Mosley on Thursday refused to lower or change the bail to a cash assurity for Timothy Ellerbe.

Ellerbe is charged with eight counts of lewdness with a child under the age of 14. He is scheduled to go to trial on Sept. 9.

Ellerbe was arrested on May 19 at his home near Spring Mountain Road and Durango Drive after a 13-year-old girl allegedly told a guidance counselor that Ellerbe had molested her on numerous occasions at his residence.

Mosley reasoned that if Las Vegas Justice of the Peace William Jansen considered Ellerbe enough of a threat to warrant the cash bail after hearing all of the testimony given at Ellerbe's preliminary hearing, then Mosley had no reason to change it.

Deputy District Attorney James Sweeten argued the bail should stay the same because the facts surrounding the case hadn't changed. Sweeten argued that evidence showed Ellerbe has another molestation case pending before District Judge Nancy Saitta, had been accused of similar charges with a young girl in the 1990s, a rape in the 1980s and also had drug and firearm charges on his record.

Ellerbe is scheduled to stand trial Sept. 13 before Saitta on the other charges of lewdness with a child under 14 years old.

In connection with that case, one of Ellerbe's daughters had harassed the alleged victim at the school they both attend, Sweeten said.

Ellerbe's attorney, Robert Draskovich, said there was no evidence of any such harassment and called upon Sweeten to provide a report or some sort of documentation substantiating the claim.

Mosley put a stop to the argument.

Draskovich said his client is "not a convicted sex offender" and said his only pervious convictions were on the drug and gun charge that Sweeten mentioned.