| Probable cause affidavit: |
SUBMITTED BY: 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 121511 I WAS CONTACTED BY THE COMPLAINANT, MR BRIAN MCMAHON, WHO IS THE PHARMACIST AT BRASHEARS PHARMACY LOCATED AT 471 DACIE POINT IN LECANTO. MR MCMAHON TOLD ME THAT HE HAD RECEIVED A PHONE IN PRESCRIPTION FOR THE SUSPECT, MS JANET GANT, THAT WAS LEFT ON THE VOICE MAIL MESSAGE MACHINE AND HE THOUGHT THAT IT WAS SUSPICIOUS. I THEN RESPONDED TO THE PHARMACY AND UPON PULLING IN I WAS AGAIN CONTACTED BY MR MCMAHON WHO TOLD ME THAT THE SUSPECT WAS CURRENTLY AT THE DRIVE THROUGH WINDOW ATTEMPTING TO PICK UP THE FRAUDULENT PRESCRIPTION. I THEN WENT INSIDE TO SPEAK WITH MR MCMAHON AND HE TOLD ME THAT WHEN HE LISTENED TO THE PHONE-IN MESSAGE HE THOUGHT THAT THE DOCTOR'S OFFICE HAD MADE A MISTAKE DUE TO THE FACT THAT THEY SAID THE DOSING WAS 1 PILL EVERY 2 TO 4 HOURS AS NEEDED FOR PAIN. THIS MEDICATION IS NOT DOSED THAT OFTEN. MR MCMAHON THEN CALLED THE DOCTOR'S OFFICE AND THEY TOLD HIM THAT THE SUSPECT HAS NOT BEEN SEEN AT HIS OFFICE IN OVER A YEAR AND THE PRESCRIPTION WAS NOT AUTHORIZED. I THEN EXITED THE STORE AND DEPUTY LAKATIS AND I CONDUCTED A TRAFFIC STOP ON THE SUSPECT. WHEN WE APPROACHED THE VEHICLE WE MADE CONTACT WITH MR DONALD GAINEY. MR GAINEY WAS ASKED TO EXIT THE VEHICLE AND I READ HIM HIS MIRANDA WARNINGS FROM A PRE-PRINTED CARD, TO WHICH HE ADVISED THAT HE UNDERSTOOD AND WOULD SPEAK WITH ME. THEN ASKED HIM IF HE WAS AWARE THAT THE PRESCRIPTION HE JUST PICKED UP WAS FRAUDULENT, TO WHICH HE SAID THAT HE DID NOT KNOW THAT, I TOLD HIM THAT IT WAS A FEMALE THAT HAD CALLED IT IN. HE THEN SAID THAT HE COULDN'T BELIEVE IT BUT THAT IT PROBABLY WAS HIS GIRLFRIEND, MS JANET GANT. WE THEN ASKED HIM TO CONTACT MS JANET AND HE WAS NOT ABLE TO GET A HOLD OF HER. I ASKED WHERE SHE MIGHT BE AND HE SAID THAT SHE WAS PROBABLY IN CRYSTAL RIVER AT HER STORE, STRING BEANS PRODUCE. WE THEN RESPONDED THERE AND WERE NOT ABLE TO MAKE CONTACT WITH HER. I LEFT MR GAINEY MY CONTACT INFORMATION TO GIVE TO MS GANT AND ASKED HIM TO HAVE HER CALL ME AS SOON AS POSSIBLE. I TOOK CUSTODY OF THE PILLS AND FILLED OUT A PROPERTY RECEIPT AND THEY WERE SUBSEQUENTLY TURNED INTO EVIDENCE. I THEN WENT BACK TO THE PHARMACY AND LISTENED TO THE MESSAGE AND HEARD A MIDDLE AGED WOMAN WITH A SLIGHT SOUTHERN ACCENT CALLING IN 120 VICODIN 10/660 MG. I HAD THE PHARMACIST FILL OUT A SWORN WRITTEN STATEMENT ATTESTING TO THE FACT THAT HE FOUND OUT THE PRESCRIPTION WAS FRAUDULENT. THE PHARMACIST ALSO TOLD ME THAT HE HAS FILLED THE SAME PRESCRIPTION FOR MS JANET GANT EVERY MONTH FOR A YEAR. I THEN CALLED DR. VARKALOV'S OFFICE AND SPOKE WITH THE P.A. DANA MOORE. MS MOORE WAS ABLE TO LOOK IN HIS RECORDS AND FOUND THAT THE LAST VISIT THAT THE SUSPECT HAD WAS ON 121110. HE FURTHER STATED THAT HE IS THE ONE WHO WOULD CALL IN THE PRESCRIPTIONS AND THAT THE DOCTOR HAD NOT AUTHORIZED HIM TO CALL IN ANY PRESCRIPTIONS FOR MS JANET GANT. ON 121611 I MADE CONTACT WITH THE SUSPECT, MS JANET GANT, AT HER STORE IN CRYSTAL RIVER AND ASKED HER IF SHE KNEW WHY I WAS THERE AND SHE SAID "YES BECAUSE I BROKE THE LAW". I THEN ASKED TO SPEAK TO HER PRIVATELY AND SHE DIRECTED ME INTO THE REAR OFFICE WHERE I READ HER MIRANDA WARNINGS FROM A PRE PRINTED CARD. THE SUSPECT SAID THAT SHE DID UNDERSTAND HER RIGHTS AND DID WANT TO SPEAK TO ME. I ASKED HER TO EXPLAIN WHAT SHE HAD MEANT EARLIER WHEN SHE SAID SHE BROKE THE LAW AND SHE SAID " I CALLED IN A PRESCRIPTION FOR VICODIN THAT WAS FAKE". SHE TOLD ME THAT SHE WAS SORRY FOR DOING IT BUT THAT SHE COULD NOT AFFORD TO GO TO THE DOCTOR. SHE FILLED OUT A WRITTEN STATEMENT INDICATING THAT SHE CALLED IN THE BAD PRESCRIPTION YESTERDAY. DUE TO THE SUSPECTS COOPERATION, SHE WAS TAKEN TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS CHARGED WITH ONE COUNT OF OBTAINING A CONTROLLED SUBSTANCE BY FRAUD AMD RELEASED ON HER OWN RECOGNIZANCE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
