Man accused of molesting faces more charges

Wednesday, June 22, 2005 | 9:36 a.m.

A 41-year-old Las Vegas shuttle driver already facing charges of molesting two 13-year-old girls after luring them into a closet with a promise of lollipops is now accused of molesting a relative.

Prosecutors have charged Timothy Ellerbe with 43 counts of sexual assault of a minor under 14 years of age for allegedly molesting the girl over a three-year period beginning when the girl was 13.

Ellerbe pleaded not guilty to the charges and is scheduled to stand trial on May 22 before District Judge Donald Mosley.

Ellerbe's attorney, Robert Draskovich, alleged the charges were just another example of an overzealous district attorney's office.

"The state has been on a rampage," Draskovich said. "I thought witch hunts ended in the 1600s, but apparently I was wrong."

Draskovich said there must be a problem with the new case against Ellerbe because "half the charges were already dismissed at the preliminary hearing" by Las Vegas Justice of the Peace William Jansen.

The defense attorney said Ellerbe was originally facing 78 charges of sexually assaulting his relative, but Jansen trimmed the charges to 43 when he determined enough evidence existed for Ellerbe to stand trial in District Court.

Draskovich also pointed to the fact that Ellerbe's bail had initially been set at $1.9 million as more evidence that Ellerbe had been mistreated. The bail was eventually lowered to $100,000.

Ellerbe posted bail and is free while awaiting trial. He had no comment on the new case or his other two cases.

He is also facing eight counts of lewdness with a child under the age of 14.

Ellerbe was arrested on May 19, 2004 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.

He is scheduled to go to trial for those charges before Mosley on July 11.

Ellerbe has another molestation case scheduled to go to trial in October before District Judge Nancy Saitta and had been accused of similar charges by a young girl in the 1990s, was accused of rape in the 1980s and also had drug and firearm charges on his record.

Mosley told Ellerbe and Draskovich they better be prepared to go to trial. "We are going to trial on that date or there will be hell to pay," Mosley said.

The judge issued the warning after saying he has been noticing a disturbing trend occurring in cases involving out of custody defendants and their attorneys who consistently claim they are unprepared because prosecutors have failed to provide them with full discovery.

Mosley set a status check for two months prior to the trial to address any such issues and resolve them so the May 22 trial date will not be compromised.