A judge revoked Ellis' probation today after deputies say he pretended to be another person to get out of jail. But the sheriff's office admits, they didn't follow protocol when they let him go and his mother says they're at fault.
Brenda Gilbert says she's been fighting to help her son 30 Robert Ellis, since he started getting in trouble with drugs at 18 years old. After a recent probation violation, a judge sentenced him to rehab then, 30 days in jail.
"I was so happy, I tried for so many years to get him in rehab. We couldn't afford it. Insurance wouldn't take it, the judge finally ordered rehab, the state was going to pay for it and now he doesn't get to go," says Gilbert.
Authorities say Ellis was in a holding cell Friday when a jailer at the Saline County Detention Center called for someone with the same last name "Ellis" to be released. Robert answered.
"That's where the process, I don't want to say failed but where there was a glitch," said Lt. Scott Courtney.
Ellis walked to the front and was processed for release without any questions.
Lt. Courtney says it took them 45 minutes to realize the wrong Ellis was gone. After that, it took two days to find him and bring him back.
"It gets extremely hectic and that picture was not verified," Lt. Courtney said, trying to explain how Ellis got away.
The department is investigating why someone let him leave without confirming his identity.
Now instead of the chance at rehab his mom says he's facing a prison sentence.
"It got taken away from him because they opened the door to freedom and he was stupid enough not to turn around and walk back in," says Gilbert.
Ellis' mom hopes her son will be given another chance and that the jail will take responsibility for their mistake. Ellis is set to be sentenced for violating probation for leaving the jail, later this month.