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Judge rules thief keeps lottery jackpot

Massachusetts LotteryMassachusetts Lottery: Judge rules thief keeps lottery jackpot

The Massachusetts bank robber accused of violating his probation by scratching and winning a $1 million lottery ticket will keep his windfall and will not face jail time as a result of a court hearing this morning in Barnstable.

Appearing in Barnstable Superior Court, Timothy Elliott, 55, was found in violation of his probation for buying the "$800 Million Spectacular" scratch ticket at the Hyannis Stop & Shop on Independence Drive on Nov. 23.

He was today ordered to pay $65 a month to monitor his compliance with terms of his probation, which is also retroactive to when he won the lottery money late last year. There are also terms and compliance conditions in place for Elliott from the state Department of Mental Health.

Elliott robbed two Hyannis banks in the past seven years. He was originally put on probation after pleading guilty in 2001 to armed robbery and larceny. He violated that probation by failing to take prescribed medication and attend substance abuse counseling, among other problems, and was ordered into the care of Taunton State Hospital, a psychiatric institution.

He violated probation again by committing another unarmed robbery in January 2006 and received a revised five-year probation. He now stands accused of violating probation again by buying his winning lottery ticket, according to court records.

Stories about Elliott's lottery winnings and his criminal background appeared in publications around the country. Questions were raised whether Elliott would be allowed to keep his lottery winnings.

"Truth be told, this was more of a media circus," said Elliott's attorney Drew Segadelli this morning, adding that Elliott is now living in Pocasset. The implication in those stories that Elliott would not collect his winnings was absurd, Segadelli said.

Still pending against Elliott is a contempt of court filing in a Nantucket child support case. Elliott owes $37,900 in unpaid alimony and child support from a 1979 divorce judgment, according to court documents.

In a document filed Dec. 5 in Nantucket Probate and Family Court, Elliott's former wife claims he never paid the court ordered support payments of $75 per week.

Cape Cod Times

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13 comments. Last comment 9 years ago by tntea.
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ThatScaryChick's avatar - x1MqPuM
Idaho
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Posted: January 18, 2008, 7:54 pm - IP Logged

The whole thing is crazy. I guess he was lucky that the judge decided to let him keep his winnings. Although I am surprised TPTB never took out his child support and alimony at the very beginning. I thought they usually check for those things before handing over a check. 

"No one remembers the person who almost climbed the mountain, only the person who eventually gets to the top."

    Tenaj's avatar - michellea
    Charlotte NC
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    Posted: January 18, 2008, 8:14 pm - IP Logged

    Hurray!I'm glad he get to keep his money.

    takeemtothebank

      Jack Pot's avatar - Lottery-028.jpg

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      Posted: January 18, 2008, 9:05 pm - IP Logged

      I hope he is going to use this windfall to turn his life around.

        psykomo's avatar - animal shark.jpg

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        Posted: January 18, 2008, 9:19 pm - IP Logged

        The whole thing is crazy. I guess he was lucky that the judge decided to let him keep his winnings. Although I am surprised TPTB never took out his child support and alimony at the very beginning. I thought they usually check for those things before handing over a check. 

        The whole thing is crazy>>>>>>>>>>>>>

        I Agree!>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

        LOL

        PSYKOMO 

          sirbrad's avatar - Lottery-062.jpg
          PA
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          Posted: January 18, 2008, 11:07 pm - IP Logged

          He robs stores yet decides to "buy" a ticket? Pieces of crap like this who are too lazy to work are the ones who do usually win. Instead they rob those who actually have to work for a living. The winnings should be revoked, no question.

            TheGameGrl's avatar - character catafly.jpg
            A long and winding road
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            Posted: January 19, 2008, 6:14 pm - IP Logged

            I disagree with sirbrads response.

            I can count on both hands folks that cheat the govt on a regular basis, yet we each root them on because they have a job? Please.

            The courts ruled and so be it.

            ~~Is it true, Is it kind,Is it necessary. ~~~

            pa:888,4445,6132,4444,8008

              sirbrad's avatar - Lottery-062.jpg
              PA
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              Posted: January 19, 2008, 9:15 pm - IP Logged

              Courts can also be just as corrupt as the Government. I don't believe any alleged dictatorship is free from corruption on all levels. However to me there is a big difference between cheating the Government, and threatening other's lives by robbing others at gun point. Maybe not to you though. I don't conform to anything that I know is wrong and against my belief system...I don't care who rules it or who it is. The Government cheats, ignores, and neglects far more people that actually need help, then it helps. I have seen countless cases. So a thief should not complain when he also gets stolen from....

              The fact is he violated parole, and we should not be sending the message that violating parole can make you rich. Courts can be wrong, and ARE wrong A LOT. They are by no means the last word.

                justxploring's avatar - villiarna
                Wandering Aimlessly
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                Posted: January 20, 2008, 4:20 am - IP Logged

                GameGrl.  Armed robbery is a pretty serious crime.  I assume this means he carried a weapon and could have hurt or killed another person.   

                The first article indicated that buying a lottery ticket was in violation of his probation.  If it was not, then he should get the money.  However, if he violated his parole, I agree with Sirbrad. 

                But as you said, the courts made a decision, so that's the way it is!   

                  time*treat's avatar - radar

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                  Posted: January 20, 2008, 6:14 am - IP Logged

                  Sensible judge. He'll get run out of office, if it's possible.

                  In neo-conned Amerika, bank robs you.
                  Alcohol, Tobacco, and Firearms should be the name of a convenience store, not a govnoment agency.

                    Avatar
                    Kentucky
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                    Posted: January 20, 2008, 2:19 pm - IP Logged

                    GameGrl.  Armed robbery is a pretty serious crime.  I assume this means he carried a weapon and could have hurt or killed another person.   

                    The first article indicated that buying a lottery ticket was in violation of his probation.  If it was not, then he should get the money.  However, if he violated his parole, I agree with Sirbrad. 

                    But as you said, the courts made a decision, so that's the way it is!   

                    This article says Timothy Elliott robbed two banks and the other article said he was caught attempting two unarmed bank robberies. I agree with you that armed robbery is a very serious crime and many states have mandatory prison time, but that's not what he did. The title is sort of misleading because Elliott didn’t actually steal anything.

                    Both articles mention his mental health state so he probably walked in the banks unarmed, demanded the money, and when the tellers stopped laughing, they called the police. Just the fact he was put on probation the first time and remained on probation after the second attempt proves his mental health was the issue and it was not a serious crime.

                    According to Elliott's attorney, keeping the lottery winnings was never an issue and the only thing the court was deciding was if he should be jailed for not taking his medication and buying a lottery ticket. Adding a contempt of court from 29 years ago might make the story more interesting but all it really does is show how inept the family court system is. That might be why we have so many people on LP that want to remain anonymous after winning a jackpot.

                      sirbrad's avatar - Lottery-062.jpg
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                      Posted: January 20, 2008, 4:44 pm - IP Logged

                      "He was originally put on probation after pleading guilty in 2001 to armed robbery and larceny." I love the message here that no one has to take responsibilty for their criminal actions, and people will just make excuses for you. I guess a lot more poeple should go rob banks, seems like a lot of good fortune follows. I guess money does attract more money.

                        Avatar
                        Kentucky
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                        Posted: January 20, 2008, 6:41 pm - IP Logged

                        "He was originally put on probation after pleading guilty in 2001 to armed robbery and larceny." I love the message here that no one has to take responsibilty for their criminal actions, and people will just make excuses for you. I guess a lot more poeple should go rob banks, seems like a lot of good fortune follows. I guess money does attract more money.

                        And the article goes on to say "He violated probation again by committing another unarmed robbery in January 2006 and received a revised five-year probation."

                        I don't know the Massachusetts criminal code so I don't know why the judge gave Elliott probation if he pleaded guilty to armed robbery and larceny the first time. But logic and common sense would certainly dictate that the judge throw the book at him for robbing another bank while on probation. Since he was only given additional 5 year probation, I'm assuming another unarmed means the first bank robbery was unarmed too.

                        When Elliott violated his probation the first time for not taking his medication he was ordered into the care of Taunton State Hospital, a psychiatric institution. The court decided his responsibility and keeping the lottery winnings was never an issue.

                        "Truth be told, this was more of a media circus," said Elliott's attorney Drew Segadelli this morning" and I'm agreeing with him and not making excuses for Elliott.

                          tntea's avatar - Lottery-059.jpg

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                          Posted: January 21, 2008, 10:00 am - IP Logged

                          Glad he keeps the money.. Sure hope he takes care of those children.  He brought them to the world.   Not supporting your children is worst than robbing a bank.....

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