By Mike James
ASHLAND — A Richmond pharmacist charged with illegally selling prescription drugs at his pharmacy in Russell was released from custody to home confinement Wednesday pending his trial in January.
David Gregory Jones walked into a courtroom in handcuffs and leg shackles, which were removed after his hearing before U.S. Magistrate Judge Edward B. Atkins.
Jones, who allegedly made more than $1.5 million illegally filling prescriptions for Oxycontin and other powerful prescription painkillers, didn’t have to post bond, but has to remain in his home and surrender his passport.
He will also have to abide by other conditions, including cessation of his pharmacy practice and surrender of his pharmacy license and Drug Enforcement Administration registration.
His 560-count indictment lists a host of alleged illegal sales of Oxycontin, oxycodone, hydrocodone, alprazolam, diazepam and endocet prescribed by seven physicians.
The indictment identifies the physicians only by their initials and towns.
Three are from Ashland, two from Portsmouth, Ohio, and one each from Louisville and Waverly, Ohio.
The indictment alleges the illegal prescriptions were filled starting in December 2003.
Jones’s pharmacy, RX Express, is located on U.S. 23 in Russell. Federal, state and local law enforcement agents raided it Monday during a major drug sweep during which Jones and some 50 others were arrested in Eastern Kentucky.
The indictments state a prescription for a controlled substance has to be issued for a legitimate medical purpose and that while the physician is responsible for proper prescription the pharmacist has a “corresponding responsibility.”
Jones’s attorney, Michael Curtis of Ashland, called the accusation that Jones had not met that responsibility “overly vague.”
“Our position is that at all times he was acting in good faith and he complied with the dictates of his ethics and the code of federal regulation,” Curtis said.
Curtis said he and Jones have known for over a year that Jones was the target of an investigation.
During the time Jones was being investigated, Curtis said, a number of people tried to fill bogus or altered prescriptions, which Jones turned over to police. Curtis alleged that some of the bogus prescriptions were proffered by employees of a state agency in an attempted sting.
Jones is scheduled for trial Jan. 29 in Ashland. If convicted, he could go to prison for 20 years. Prosecutors also are seeking forfeiture of $1.5 million Jones allegedly made selling the drugs, several vehicles, real estate, a grand piano and a 10-carat diamond bracelet.
Mike James is a news writer for The Independent in Ashland, a CNHI newspaper. He can be reached at mjames@dailyindependent.com or at 1-606-326-2652. The Richmond Register is a CNHI newspaper.
