An armed robbery case that occurred in La Crosse two years ago this week still has not reached a conclusion, as a result of an unexpected statement in court by the prosecution.
Convicted robber Timothy Ellis will wait until March to learn his punishment for a north La Crosse holdup committed in January of 2019.
His brother, Justin Ellis, is already serving a prison term for the holdup at gunpoint of Sean Moore, which included a gunshot fired at Moore’s car.
Concerns about potential exposure to COVID-19 in the jail led Timothy Ellis to avoid a past sentence hearings in the case.
At the hearing before Judge Scott Horne on Thursday, Ellis’ defense attorney called for a delay because the prosecution said, without advance warning, that it would not recommend probation as a sentence, which could violate the negotiated plea.
The prosecuting attorney admitted that she had not contacted the defense about the position on probation before the hearing, and Horne said that information should not have been left to the last minute.
At one point, Ellis briefly asked to go ahead with the sentencing, and then apparently changed his mind.
The sentencing is now re-scheduled for March 5. This Sunday will mark two years since the robbery.