| Probable cause affidavit: |
SUBMITTED BY: WEAR, KENNETH 0073 (AR08105906) DID COMMIT TRAFFICKING IN CONTROLLED SUBSTANCES BY UNLAWFULLY AND KNOWINGLY PURCHASE AND POSSE IN EXCESS OF 4 GRAMS OR MORE OF OXYCODONE, FSS 893.02 (2) (A) (J), BY FORGING, TURNING IN A FRAUDULENT PRESCRIPTION AND RECEIVING THE ABOVE MENTIONED CONTROLLED SUBSTANCE IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 893.135 (1) (C) 1 A. DEFENDANT DID ALSO KNOWINGLY ACQUIRE OR ATTEMPT TO ACQUIRE POSSESSION OF A CONTROLLED SUBSTANCE, TO WIT: OXYCODONE, 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 10-10-08, THE DEFENDANT HAD A FRAUDULENT PRESCRIPTION DATED 10-07-08, FROM A PAIN MANAGEMENT DOCTOR FROM THE FLORIDA AVENUE PAIN CENTER IN TAMPA FLORIDA FILLED IN HER NAME AT THE BRASHEAR'S PHARMACY IN INVERNESS FLORIDA. THE PRESCRIPTION WAS FOR 80, 30MG OXYCODONE, WEIGHING IN AT 10.05 GRAMS PER THE PHARMACIST. ON 10-17-08, THE DEFENDANT HAD ANOTHER FRAUDULENT PRESCRIPTION DATED 10-07-08, FROM THE SAME DOCTOR AND PAIN CENTER FILLED IN HER NAME AT THE BRASHEAR'S PHARMACY IN LECANTO FLORIDA. THE PRESCRIPTION WAS FOR 100, 30MG OXYCODONE, WEIGHING IN AT 12.57 GRAMS PER THE PHARMACIST. ON SATURDAY 10-18-08, THE DEFENDANT HAD ATTEMPTED TO FILL ANOTHER FRAUDULENT PRESCRIPTION DATED 10-07-08 FOR 100, 30MG OXYCODONE IN HER NAME FROM THE SAME DOCTOR AND PAIN CENTER AT THE BRASHEAR'S PHARMACY LOCATED IN INVERNESS FLORIDA. THE PHARMACY HAD NOTIFIED THIS DETECTIVE, WHO THEN RESPONDED TO THE PHARMACY, MAKING CONTACT WITH THE DEFENDANT AND CO-DEFENDANT, WHO IS ALSO HER BOYFRIEND. AT THE TIME, THE FRAUDULENT PRESCRIPTION COULD NOT BE VERIFIED. BOTH DEFENDANTS WERE ADVISED THAT THIS DETECTIVE WOULD BE INVESTIGATING THE INCIDENT THE FOLLOWING MONDAY, WHEN THE DOCTOR'S OFFICE OPENED. ON MONDAY 10-20-08, THIS DETECTIVE MADE CONTACT WITH THE DOCTOR'S OFFICE AND DISCOVERED THAT ALL THREE PRESCRIPTIONS WHERE FRAUDULENT AND HAD NOT BE AUTHORIZED TO BE WRITTEN BY THE DOCTOR OF HIS STAFF. THE DOCTOR SIGNED FORGED PRESCRIPTION AFFIDAVITS ATTESTING TO THEIR NON-AUTHENTICITY. THE DOCTOR'S OFFICE FURTHER ADVISED THAT THEY DID HAVE THE DEFENDANT AS A PATIENT AND DID WRITE THREE PRESCRIPTIONS TO HER ON 10-07-08. ONE FOR 100, 30MG, OXYCODONE, THE SECOND FOR 80, OXYCODONE, AND THE THIRD FOR 60, 1MG, XANAX. THE REASON FOR WRITING TWO PRESCRIPTIONS FOR OXYCODONE ON THE SAME DATE WAS TO HELP THE DEFENDANT WHEN SHE PURCHASED THE MEDICATION AT TWO DIFFERENT TIMES FOR MONETARY REASONS. UPON REVIEWING THE VALID, PRESCRIPTIONS, IT WAS CONFIRMED THAT THEY WERE NOT THE SAME AS WHICH HAD BEEN TURNED IN AT THE BRASHEAR'S PHARMACIES. THE PRESCRIPTION ALSO APPEARED TO BE FABRICATED AND WERE CLOSE IN LIKENESS. CONTACT WAS MADE WITH THE DEFENDANT AND CO-DEFENDANT AT A LOCAL CONVENIENCE STORE ON THIS DATE AND THEY WERE BOTH PLACED UNDER ARREST FOR 1 COUNT OF TRAFFICKING IN OXYCODONE AND 3 COUNTS OF OBTAINING CONTROLLED SUBSTANCE BY FRAUD. MIRANDA WARNING WAS READ TO THE DEFENDANT AND SHE AGREED TO SPEAK WITH THIS DETECTIVE WITHOUT AN ATTORNEY PRESENT. THE DEFENDANT ADMITTED THAT SHE FABRICATED THE THREE FRAUDULENT PRESCRIPTIONS BY USING A COMPUTER AT A LOCAL LIBRARY. THE DEFENDANT ALSO ADVISED THAT THE CO-DEFENDANT HAD WRITTEN THEM OUT FOR HER AND WAS WITH HER AT THE TIME SHE HAD TURNED THEM IN. IT IS NOTED THAT THE DEFENDANT IS CURRENTLY ON PROBATION FOR OBTAINING CONTROLLED SUBSTANCE BY FRAUDULENT MEANS. *NOT-EXEMPT* |
