| Probable cause affidavit: |
SUBMITTED BY: O'MELLIAN, TIMOTHY 0182 (AR07100474) DID THEN AND THERE UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION OF A CERTAIN HABIT-FORMING, TOXIC, HARMFUL, NEW OR LEGEND DRUG SUBJECT TO SECTION 499.003, FLORIDA STATUTES, TO-WIT: ENDOCET, WITHOUT HAVING OBTAINED SAID DRUG BY A VALID PRESCRIPTION, IN VIOLATION OF FLORIDA STATUTE 893.13(7)(A)(9). ON 110907, A COMPLAINANT FROM BRASHEAR'S PHARMACY CAME TO THE VICE/NARCOTICS UNIT OF THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO) IN REFERENCE TO A SUBJECT BY THE NAME OF PETER ERIC ANDERSON (DEFENDANT), WHO PASSED A FRAUDULENT PRESCRIPTION FOR ENDOCET AT THE PHARMACY. A PHARMACIST AT BRASHEAR'S RECOGNIZED THE PRESCRIPTION AS BEING FRAUDULENT DUE TO THE SIGNATURE NOT MATCHING, WHAT THE PHARMACIST KNEW AS BEING DOCTOR FIGUEROA'S SIGNATURE. THE BRASHEAR'S PHARMACIST THEN MADE CONTACT WITH DOCTOR FIGUEROA VIA TELEPHONE TO VERIFY THE PRESCRIPTION AS BEING FRAUDULENT. DOCTOR FIGUEROA ADVISED THE PHARMACIST THAT HE DID NOT WRITE OR AUTHORIZE THIS PRESCRIPTION FOR THE SUSPECT, MR ANDERSON. ON 111607, ANOTHER CALL WAS RECEIVED BY THIS OFFICE FROM B&W PHARMACY. PHARMACIST HEIMANN ADVISED THAT MR ANDERSON ATTEMPTED TO FILL A FRAUDULENT PRESCRIPTION FROM DOCTOR FIGUEROA'S OFFICE ON 111507 IN THE EVENING HOURS. PHARMACIST HEIMANN KNEW WHAT DOCTOR FIGUEROA'S SIGNATURE LOOKED LIKE AND ON THIS PRESCRIPTION, IT APPEARED TO BE A FORGED SIGNATURE. PHARMACIST HEIMANN STATED THAT HE SPOKE WITH DOCTOR FIGUEROA EARLIER WHO ADVISED HIM THAT HE HAD A PRESCRIPTION PAD STOLEN BY MR ANDERSON, WHO WAS PASSING FRAUDULENT PRESCRIPTIONS. SINCE PHARMACIST HEIMANN KNEW THIS INFORMATION AND WHERE HE SAW MR ANDERSON'S NAME ON THE PRESCRIPTION, HE TRIED TO KEEP IT, BUT MR ANDERSON TOOK IT BACK. PHARMACIST HEIMANN STATED HE CALLED TO OTHER LOCAL PHARMACIES AND FOUND THAT MR ANDERSON PASSED THE PRESCRIPTION AT SWEET BAY PHARMACY LOCATED IN INVERNESS AFTER LEAVING THE B&W PHARMACY. I RESPONDED TO THE SWEET BAY PHARMACY ON 111607 AND CONTACTED THE PHARMACIST ON DUTY. THE PHARMACIST STATED THAT THEY WERE IN POSSESSION OF THE FRAUDULENT PRESCRIPTION THAT WAS PASSED ON 111507 BY MR ANDERSON. THIS PRESCRIPTION WAS FOR PERCOCET 10/650 FOR 150 PILLS AND WAS PRESENTED TO PHARMACIST MS SHEILA KYBURZ. MS KYBURZ WAS NOT WORKING AT THE TIME I ARRIVED. THE PRESCRIPTION WAS TAKEN IN AS EVIDENCE AND A COPY OF THE PROPERTY RECEIPT WAS GIVEN TO THE PHARMACY TECHNICIAN. I THEN MADE CONTACT WITH DOCTOR FIGUEROA AT HIS OFFICE LOCATED AT 2222 HIGHWAY 44, INVERNESS. DOCTOR FIGUEROA ADVISED THAT MR ANDERSON WAS A PATIENT FROM 083006 TO 103007. MR ANDERSON HAD ALSO BEEN HIRED TO DUE A SMALL CARPENTRY JOB AT THE DOCTOR'S OFFICE BY DOCTOR FIGUEROA ON THE WEEKEND OF 110307. IT WAS AFTER THIS DATE THAT DOCTOR FIGUEROA DISCOVERED THAT HE WAS MISSING A PACK OF PRESCRIPTIONS FROM THE FRONT DESK. DOCTOR FIGUEROA MADE CONTACT WITH PHARMACY'S IN THE AREA AND ADVISED THEM OF THE THEFT. NO REPORT WITH THE CCSO HAD BEEN MADE AT THAT TIME. DOCTOR FIGUEROA HAD BEEN CONTACTED BY BRASHEAR'S PHARMACY AND WAS ADVISED THAT MR ANDERSON PRESENTED A FRAUDULENT PRESCRIPTION. DOCTOR FIGUEROA ADVISED ME THAT HE CALLED MR ANDERSON AND WANTED HIM TO COME TO HIS OFFICE TO DISCUSS THE THEFT/FRAUD. DOCTOR FIGUEROA ADVISED THAT MR ANDERSON WAS VERY APOLOGETIC AND TOLD DOCTOR FIGUEROA THAT HE WAS UNABLE TO AFFORD MEDICATIONS FOR HIS KNEE. ACCORDING TO DOCTOR FIGUEROA, MR ANDERSON NEVER WENT BACK TO THE DOCTOR'S OFFICE TO DISCUSS THE ISSUE AND WAS NOT HEARD FROM AGAIN. DOCTOR FIGUEROA ADVISED THAT MR ANDERSON NEVER APPEARED TO BE UNDER THE INFLUENCE OF ANY KIND OF SUBSTANCE WHILE HE VISITED THE DOCTOR'S OFFICE. IT WAS DOCTOR FIGUEROA'S OPINION THAT MR ANDERSON AS SELLING THE PILLS. DOCTOR FIGUEROA HAD PROVIDED ME WITH HIS SIGNATURE TO COMPARE TO THE FORGED PRESCRIPTION. ON 111507, A FLASH FAX WAS REQUESTED FOR PHARMACY PROFILE ON MR ANDERSON. ALSO A FORGED PRESCRIPTION AFFIDAVIT WAS FAXED TO DOCTOR FIGUEROA. THIS CASE REMAINS OPEN. AS OF 111607, MR ANDERSON HAS PASSED A FRAUDULENT PRESCRIPTION AT BRASHEAR'S PHARMACY FOR PERCOCET, 10/650 MG, WHICH OCCURRED ON 110907. HE PASSED A FRAUDULENT PRESCRIPTION FOR PERCOCET, 10/650 MG, ON 111507 AT THE B&W PHARMACY AND ON 11507 PASSED THE SAME FRAUDULENT PRESCRIPTION AT THE SWEET BAY PHARMACY. THIS SHOWS THAT MR ANDERSON HAS COMMITTED THIS OFFENSE THREE DIFFERENT TIMES. ON 112107, DETECTIVE BENTZ AND I RESPONDED TO 5184 NORTH MINT POINT WHERE CONTACT WAS MADE WITH THE DEFENDANT (MR PETER ANDERSON). THE DEFENDANT ADVISED, AFTER BEING READ HIS MIRANDA RIGHTS, THAT HE CURRENTLY HAS A PROBLEM WITH PRESCRIPTION MEDICATIONS. THE DEFENDANT PRODUCED THE SCRIPT PAD THAT HE HAD REMOVED FROM DOCTOR (DR) FIGUEROA'S OFFICE. THE DEFENDANT STATED THAT HE WAS DOING some REMODELING WORK FOR THE DOCTOR WHEN HE SAW AN OPPORTUNITY TO REMOVE A PRESCRIPTION ORDER PAD AND LATER ATTEMPTED TO FRAUDULENTLY PRESENTED A PRESCRIPTION TO BRASHEAR'S PHARMACY FOR THE DRUG "ENDOCET". HE FURTHER ADVISED HE LATER ATTEMPTED TO PASS A PRESCRIPTION AT SWEETBAY'S PHARMACY IN INVERNESS. THE DEFENDANT WAS VERY COOPERATIVE AND APOLOGETIC AND FELT HIS DEPENDENCY ON THESE PRESCRIPTIONS HAS MADE HIM USE BAD JUDGMENT. THE DEFENDANT STATED HE WAS WILLING TO SEEK HELP FOR HIS DEPENDENCY. THE PRESCRIPTION PAD WAS TAKEN INTO CUSTODY AND TURNED INTO EVIDENCE AT THE CITRUS COUNTY SHERIFF'S OFFICE. ON 112607, CONTACT WAS MADE WITH THE DEFENDANT AT THE CITRUS COUNTY DETENTION FACILITY WHERE HE TURNED HIMSELF IN FOR THE LISTED CHARGE AND PLACED UNDER ARREST AND LATER RELEASED ON HIS OWN RECOGNIZANCE. *NOT-EXEMPT* |
