| Probable cause affidavit: |
SUBMITTED BY: WEAR, KENNETH 0073 (AR10113353)(0571) DID COMMIT TRAFFICKING IN CONTROLLED A SUBSTANCE BY UNLAWFULLY AND KNOWINGLY PURCHASE AND POSSE IN EXCESS OF 28 GRAMS OR MORE OF OXYCODONE, FSS 893.03(2) (A) (1), IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 893.135(1) (C) 1 C. DID KNOWINGLY CONSPIRE WITH OTHER PERSONS TO COMMIT THE OFFENSE OF TRAFFICKING IN THE CONTROLLED SUBSTANCE, OXYCODONE, IN VIOLATION OF FSS 777.04(3). DID KNOWINGLY ACQUIRE OR ATTEMPT TO ACQUIRE POSSESSION OF CONTROLLED SUBSTANCES, TO WIT: OXYCONTIN AND ALPRAZOLAM, AS DESCRIBED IN FLORIDA STATE STATUTE NUMBER 893.13, AND IN THE COURSE THEREOF UTILIZED MISREPRESENTATION, FRAUD, DECEPTION OR SUBTERFUGE, IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 893.13(7)(A)9. ON 02-16-10, THIS DETECTIVE RESPONDED TO THE B&W PHARMACY IN INVERNESS FLORIDA IN REFERENCE TO THREE SUBJECTS BEING PRESENT AND ATTEMPTING TO OBTAIN CONTROLLED SUBSTANCES BY FRAUDULENT MEANS. THE DEFENDANT WAS PRESENT WITH HIS TWO CO-DEFENDANTS WHO HAD TURNED IN THREE PRESCRIPTIONS A PIECE FOR CONTROLLED SUBSTANCES FROM A SOUTH FLORIDA PHYSICIAN. THE MALE CO-DEFENDANT'S WERE FOR OXYCODONE 30 MG, OXYCODONE 15 MG AND ALPRAZOLAM 2 MG. TOTALING 45.36 GRAMS OF OXYCODONE. THE FEMALE CO-DEFENDANT'S PRESCRIPTIONS WERE FOR THE SAME. THE FEMALE CO-DEFENDANT HAD ALSO TURNED IN THREE OF THE SAME PRESCRIPTIONS FROM THE SAME PHYSICIAN, TOTALING 22.68 GRAMS OF OXYCODONE. BOTH CO-DEFENDANT/PATIENTS HAD OBTAINED THEIR PRESCRIPTIONS ON THE SAME DATE, 02-15-10. CONTACT WAS MADE WITH THE FEMALE CO-DEFENDANT AS SHE WAS EXITING THE PHARMACY. THIS DETECTIVE GAVE SHERIFF'S OFFICE IDENTIFICATION AND CALLED HER BY FIRST NAME OF "HILLARY". THE CO-DEFENDANT ADVISED THAT IT WAS NOT HER NAME. DURING THIS TIME THE DEFENDANT AND MALE CO-DEFENDANT WERE INSIDE MAKING THEIR PURCHASE. A MARKED ROAD PATROL UNIT ARRIVED AND DETAINED THE FEMALE CO-DEFENDANT, SO THIS DETECTIVE COULD ENTER THE PHARMACY AND MADE CONTACT WITH THE OTHER DEFENDANTS AS THEY WERE WALKING AWAY FROM THE COUNTER WITH THE CONTROLLED MEDICATION. THE DEFENDANT WAS HANDING THE BAG OF MEDICATION TO THE MALE CO-DEFENDANT/PATIENT AS THIS DETECTIVE APPROACHED. THE DETECTIVE PROVIDED SHERIFF'S OFFICE IDENTIFICATION TO BOTH SUBJECTS AND WERE ESCORTED OUTSIDE, WHERE THEY WERE DETAINED FOR INVESTIGATIVE PURPOSES. CONTACT WAS MADE WITH THE PHARMACIST, WHO ADVISED THE THREE DEFENDANTS HAD COME IN TOGETHER AND HANDED IN THE PRESCRIPTIONS FOR BOTH PATIENTS AT THE SAME TIME. THE FEMALE CO-DEFENDANT HAD WANTED TO PAY FOR HER MEDICATION THROUGH MEDICAID AND WAS DENIED, SO SHE WENT OUTSIDE TO CALL FOR APPROVAL, LEAVING HER FLORIDA IDENTIFICATION CARD. THIS DETECTIVE VIEWED THE FLORIDA IDENTIFICATION CARD AND VERIFIED SHE WAS INDEED "HILLARY". THE PHARMACIST FURTHER ADVISED THAT THE DEFENDANT PAID FOR THE MALE CO-DEFENDANT'S PRESCRIPTIONS WITH A CREDIT CARD, TOTALING $363.98. THE PHARMACIST HAD CONTACTED THE LISTED PHYSICIAN'S ASSISTANT OFFICE MANAGER AND IT WAS VERIFIED THAT THE PROVIDED MRI'S THEY HAD RECEIVED FROM BOTH PATIENTS WERE NOT VALID; THEREFORE THE OBTAINED PRESCRIPTIONS WERE FRAUDULENTLY OBTAINED. BOTH MRI'S WERE FAXED TO THE PHARMACY FOR COMPARISON AND WERE IDENTIFIED AS BEING IDENTICAL ALIKE WITH THE EXCEPTION OF THE REQUIRED PERSONAL INFORMATION. THE PHYSICIAN'S OFFICE REQUESTED THAT LAW ENFORCEMENT BE NOTIFIED. THIS DETECTIVE MADE CONTACT WITH THE LISTED DIAGNOSTIC AND IMAGING COMPANY IN BELLEVIEW, FLORIDA WERE IT WAS LEARNED THE TWO MRI'S WERE FRAUDULENT AND NEITHER OF THE LISTED PATIENTS WERE EVER TREATED IN THEIR FACILITY. MIRANDA WARNING WAS READ TO THE MALE CO-DEFENDANT AND HE AGREED TO ANSWER QUESTIONS WITHOUT AN ATTORNEY PRESENT. HE ADVISED THAT THE MRI'S WERE FRAUDULENT AND HAD OBTAINED THEM FROM AN ACQUAINTANCE FOR $200.00. THE DEFENDANT HAD ADVISED THAT HIS VEHICLE (POINTING OUT A WHITE CHEVROLET CAPRICE) WAS PARKED IN THE PARKING LOT. DURING THE INVESTIGATION, IT HAD LEFT THE AREA. THE DEFENDANT ADVISED THAT HIS FRIEND HAD DRIVEN IT OFF. HE COULD NOT GIVE AN EXCUSE AS TO WHY NO ONE APPROACHED TO SEE WHAT WAS GOING ON OR WHY HE WAS BEING DETAINED AND DID NOT WISH TO SPEAK TO THIS DETECTIVE. THROUGH INVESTIGATION, IT WAS DISCOVERED THAT ALL THREE DEFENDANTS ARRIVED IN THE SAME VEHICLE AND ALL THREE DEFENDANTS DO SEE THE SAME SOUTH FLORIDA PHYSICIAN. ALL THREE DEFENDANTS WERE PLACED UNDER ARREST AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF TRAFFICKING IN OXYCODONE, ONE COUNT OF CONSPIRACY AND 3 COUNTS OF ATTEMPTING TO OBTAIN CONTROLLED SUBSTANCES BY FRAUD. THE DEFENDANT WAS GIVEN A TOTAL BOND PER BOND SCHEDULE OF $1,015,000. *NOT-EXEMPT* |
