| Probable cause affidavit: |
SUBMITTED BY: RUBY, SAMUEL 0562 (AR 15-148266) Any person who willfully and without authorization fraudulently uses, or possesses with intent to fraudulently use, personal identification information concerning another person without first obtaining that personâs consent, commits the offense of fraudulent use of personal identification information, IN VIOLATION OF FLORIDA STATE STATUTES 817.568(2)(A) DID UNLAWFULLY HAVE IN HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: ALPRAZOLAM, LISINOPRIL, AND BACTRIM DS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). IT IS UNLAWFUL FOR ANY PERSON TO ACQUIRE OR OBTAIN OR ATTEMPT TO ACQUIRE OR OBTAIN POSSESSION OF A CONTROLLED SUBSTANCE BY MISREPRESENTATION, FRAUD, FORGERY, DECEPTION OR SUBTERFUGE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(7)(A)9. ON 111215, I WAS CONTACTED BY DR VILLACASTINâS OFFICE WITH SUNCOAST PRIMARY CARE SPECIALISTS. I WAS ADVISED BY STAFF THAT THE DOCTORâS NAME AND DEA NUMBER WAS USED BY AN UNKNOWN PERSON TO OBTAIN PRESCRIPTION MEDICATIONS AT THE WAL-MART PHARMACY IN LECANTO. I RESPONDED TO SUNCOAST PRIMARY CARE AND RETRIEVED INFORMATION THAT TWO PRESCRIPTIONS FOR ALPRAZXOLAM 2 MG TABLETS, QUANTITY 90 WERE CALLED IN TO THE WAL-MART IN LECANTO UNDER THE NAME OF DEIDREA MULROY. COPIES OF THOSE PRESCRIPTIONS WERE OBTAINED BY THIS DETECTIVE. I WAS ADVISED BY NURSING STAFF THAT DEIDREA MULROY WAS NOT A PATIENT OF DR VILLACASTINâS BUT A PATIENT OF ANOTHER DOCTOR, DOCTOR DEVEN, ALSO WITH SUNCOAST PRIMARY CARE SPECIALISTS. I SPOKE WITH DR VILLICASTIN WHO ADVISED HE DID NOT AUTHORIZE ANYONE TO CALL IN HIS PRESCRIPTIONS AND THAT HE WOULD NOT CALL IN PRESCRIPTIONS FOR ANYONE WHO IS NOT A PATIENT OF HIS. AT THIS TIME, I RESPONDED TO DEIDREA MULROYâS RESIDENCE AND ADVISED HER THAT FRAUDULENT PRESCRIPTIONâS HAD BEEN MADE AT THE WAL-MART IN LECANTO IN HER NAME. SHE ADVISED SHE HAS BEEN OUT OF STATE SINCE JANUARY 2015 AND HAS NOT SEEN ANY DOCTORS IN THE AREA SINCE THAT DATE. I ASKED IF SHE HAD EVER SEEN DOCTOR VILLICASTIN AND SHE STATED NO. SHE ADVISED THE LAST PRESCRIPTION SHE RECEIVED OF ALPRAZOLAM WAS ON 100614 WAS PRESCRIBED BY DOCTOR DEVEN. SHE ADVISED SHE STILL HAD THE PRESCRIPTION IN HER PURSE AND IT WAS NEVER FILLED. SHE ADVISED THE ONLY TIME SHE WAS PRESCRIBED ALPRAZOLAM WAS .25 MILLIGRAMS AND THAT SHE NEVER USES WAL-MART PHARMACY, ONLY CVS. I ASKED IF SHE HAS OTHER PEOPLE PICK UP HER PRESCRIPTIONS FOR HER. SHE STATED NO. WHILE AT HER RESIDENCE I ASKED TO SPEAK TO HER SON AND HIS GIRLFRIEND AND ADVISED THEM OF THE CASE. I ASSURED THEM THAT I WOULD LOCATE WHOEVER WAS USING MS MULROYâS NAME. THE FAMILY WAS PROVIDED WITH AN AGENCY CASE CARD BEARING MY NAME/IDENTIFICATION NUMBER, THE CASE NUMBER, AND ADVISED TO CONTACT THIS AGENCY WITH ANY ADDITIONAL INFORMATION OR QUESTIONS REGARDING THIS CASE. THIS DETECTIVE RECEIVED A TELEPHONE CALL APPROXIMATELY ONE HOUR LATER FROM THE DEFENDANT, MS HEATHER NICHOLS. THE DEFENDANT WAS CRYING AND STATED TO THIS DETECTIVE THAT SHE DID IT, SHE CALLED IN THE PRESCRIPTIONâS AND THAT SHE REALLY MESSED UP. I ADVISED THE DEFENDANT THAT I NEEDED TO SPEAK TO THE DOCTOR BEFORE SPEAKING TO HER FURTHER. I ADVISED THE DEFENDANT THAT I WOULD MAKE CONTACT WITH HER ON 111315. ON 111315, I RESPONDED TO LYON URGENT CARE IN CRYSTAL RIVER WHERE I SPOKE TO DR LYON. DR LYON WAS ABLE TO PROVIDE COPIES OF PRESCRIPTIONS CALLED IN TO THE LECANTO PHARMACY ALONG WITH A LETTER STATING THAT THE PRESCRIPTIONS WERE NOT AUTHORIZED AND ARE CONSIDERED FORGED AND OF THE NAMES ON THE PRESCRIPTIONS ARE HIS PATIENTS. AFTER SPEAKING WITH DR LYONS, I RESPONDED TO DOCTOR SACHER OF TOTAL PATIENT CARE OF OCALA. UPON ARRIVAL, I RECEIVED COPIES OF PRESCRIPTIONS THAT WERE ALSO CALLED IN TO THE LECANTO WAL-MART AND A LETTER FROM THE DOCTOR STATING THE FOLLOWING PRESCRIPTIONS WERE NOT AUTHORIZED BY THE DOCTOR AND ARE CONSIDERED FORGED OR ALTERED. I RESPONDED BACK TO THE DEFENDANTâS RESIDENCE AFTER RECEIVING INFORMATION FROM THE DOCTORS. CONTACT WAS MADE WITH THE DEFENDANT. THE DEFENDANT ASKED THIS DETECTIVE IF SHE WAS GOING TO GO TO JAIL TODAY, I STATED YES. AT THAT TIME THEN READ THE DEFENDANT MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ASKED IF SHE UNDERSTOOD HER RIGHTS, TO WHICH SHE REPLIED THAT SHE DID. I THEN ASKED HER IF SHE WISHED TO SPEAK WITH ME AT THIS TIME, TO WHICH SHE ADVISED THAT SHE WISHED TO SPEAK WITH THIS DETECTIVE. I SHOWED THE DEFENDANT PAPERWORK FROM DOCTOR VILLICASTINâS OFFICE AND ASKED HER IF SHE HAD CALLED IN THE PRESCRIPTIONS AND USED DOCTOR VILLICASTINâS NAME AND DEA NUMBER. SHE STATED YES. I SHOWED THE DEFENDANT PAPERWORK FROM DOCTOR LYONS OFFICE AND ASKED IF SHE HAD CALLED IN THESE PRESCRIPTIONS ALSO. THE DEFENDANT STATED YES. I ALSO SHOWED THE DEFENDANT PAPERWORK FROM TOTAL PATIENT CARE OF OCALA, DOCTOR SACHERâS OFFICE AND ASKED IF SHE HAD CALLED THESE PRESCRIPTIONS IN AND SHE STATED YES. DOCTOR VILLICASTINâS OFFICE HAD THREE PRESCRIPTIONS CALLED IN FOR ALPRAZOLAM 2 MG QUANTITY 90 USING HER BOYFRIENDâS MOMS NAME. DOCTOR LYONS URGENT CARE HAD SEVEN PRESCRIPTIONS CALLED IN TO THE LECANTO WAL-MART FOR ALPRAZOLAM 2 MG QUANTITY NINETY, TWO FOR NAPROXEN 500 MG, AND ONE FOR BACTRIM DS. TOTAL PATIENT CARE OF OCALA HAD SIX PRESCRIPTIONS CALLED IN UNDER MISCELLANEOUS NAMES. THREE PRESCRIPTION FOR ALPRAZOLAM, 2 MG QUANTITY 90, TWO FOR BACTRIM DS QUANTITY TWENTY, AND ONE FOR LISINOPRIL 5 MG THIRTY. I ASKED THE DEFENDANT WHOSE NAMES WERE USED ON THE PRESCRIPTIONS. SHE ADVISED SHE USED HER BOYFRIENDâS MOM, HER BOYFRIEND, AND ONE OTHER PERSON THAT SHE KNEW AND THE REST OF THE NAMES WERE MADE UP. I ASKED THE DEFENDANT HOW SHE WAS ABLE TO GET THE DOCTORS DEA NUMBER AND OTHER INFORMATION, TO WHICH SHE ADVISED THOROUGHLY. THE DEFENDANT WAS VERY COOPERATIVE WITH THIS DETECTIVE. A RECORDED INTERVIEW WAS CONDUCTED WITH THE DEFENDANT WHERE SHE EXPLAINED THE INS AND OUTS OF HOW SHE WAS ABLE TO CALL IN THE PRESCRIPTIONâS. I ASKED THE DEFENDANT HOW MANY TIMES SHE PICKED UP ALPRAZOLAM FROM THE PHARMACY. SHE ADVISED SEVEN TIMES, ALL TWO MILLIGRAMS AND QUANTITY OF NINETY. I ASKED THE DEFENDANT IS SHE HAD A DRUG PROBLEM OR PRESCRIPTION DRUG PROBLEM, SHE STATED NO. SHE STATED SHE WOULD USE SOME OF THE ALPRAZOLAM AND HAVE A FRIEND SELL THE REST FOR HER. THE DEFENDANT WAS HANDCUFFED DOUBLE LOCKED BEHIND HER BACK AND TRANSPORTED TO CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT WAS CHARGED WITH THIRTEEN COUNTS OF OBTAINING CONTROLLED SUBSTANCE BY FRAUD WITH A BOND AMOUNT OF $5,000.00 PER COUNT, SEVEN COUNTS OF POSSESSION OF A CONTROLLED SUBSTANCE WITH A BOND AMOUNT OF $5,000.00 PER COUNT, AND THREE COUNTS OF IDENTITY THEFT WITH A BOND AMOUNT OF $5,000.00 PER COUNT FOR A TOTAL BOND OF $115,000.00 PER THE BOND SCHEDULE. |
