Bank robber may see lottery win scratched
Thursday, November 29, 2007 posted 10:57 AM EST
Luck ran out for a $1 million lottery winner who collected his first prize money this week: It turns out that buying the ticket was a probation violation.
Two-time bank robber Timothy Elliott had been forbidden from playing the lottery, under the conditions of his probation following a guilty plea for unarmed robbery last year.
Elliott, 55, was ordered "to not gamble, purchase lottery tickets, or visit establishments where gaming is conducted including restaurants where Keno may be played," according to probation order provided by Barnstable first assistant clerk magistrate John Dale.
Cape and Islands District Attorney Michael O'Keefe was unfamiliar with the specific reasoning for the probation order but noted that no-gambling conditions are often ordered after a criminal contends that a gambling problem spurred the crimes. "If somebody is saying my excuse for robbing this bank or convenience store was to get money to pay gambling debts," he said, then conditions are ordered to forbid gambling.
In 2001, Elliott had pleaded guilty to armed robbery. Last year, he pleaded guilty to unarmed robbery at a Cape Cod bank and was ordered to remain under the care of the Department of Mental Health and to stay in a treatment home at Taunton State Hospital.
But last August, he was allowed to be off the premises during the day without supervision. Last Friday, he paid $10 for an $800 million Spectacular lottery ticket at a Hyannis Stop & Shop and found himself a big winner.
Lottery spokesman Dan Rosenfeld said that before prizes are awarded lottery officials check winners' records for liens, delinquent child support, and unpaid taxes to ensure all debts are paid. Criminal records are not a factor.
"This is up to the courts,” Rosenfeld said. “We obviously will listen to what the courts order. It's their call.”
A surrender hearing is scheduled for Dec. 7, said Coria Holland, a spokeswoman for the state office of the commissioner of probation.
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