Lawyer seeks leniency for Redstone pharmacist's 'mistake'
By Liz Zemba
Published: Wednesday, April 24, 2013, 12:01 a.m.
A Fayette County pharmacist accused of selling narcotics to a confidential police informant made a mistake but should not have to go to jail, according to his attorney.
Edward Samuel Wilcox, 63, of 7 Stockton Ave., Uniontown, is charged through the Fayette County Drug Task Force with numerous counts of controlled substance violations, including a number of felonies. Police said Wilcox sold Vicodin and Xanax, both narcotics, to the female informant nine times between March 2011 and May 2012.
The sales occurred at Wilcox's pharmacy on Main Street in Redstone, according to police.
Wilcox in January entered a plea of no contest to a felony charge and guilty pleas to the remaining counts, according to court records.
Wilcox does not have a plea bargain in place, meaning the sentence is at the court's discretion.
During a sentencing hearing on Tuesday before Judge Steve Leskinen, Davis pointed out Wilcox sold just two to four tablets each time to the woman. He charged the woman just $1 or $2 each, which Davis said is less than the street price of $5 to $8 each.
In addition, Davis said the woman asked for the tablets because either she, or her father-in-law had prescriptions for them, but had run out before they were eligible for refills or new prescriptions.
“It wasn't for the street price; it wasn't to make money,” Davis said.
“Mr. Wilcox made a mistake, and he pled guilty,” Davis said. “Mr. Wilcox is a good man. Good people make mistakes. I'm asking you not to sentence him to a period of incarceration. It is fair under the circumstances.”
Davis introduced pharmacy labels for the woman and her father-in-law that indicated both had prescriptions for the medications, but Heneks noted that one of the prescriptions expired a year before the police investigation began and the other was valid only for the last month of the investigation.
Heneks noted that whether or not the woman and her father-in-law had previously obtained prescriptions for the drugs at the pharmacy, Wilcox's duties as a pharmacist were “to make sure” they had the proper documentation for the medications.
Leskinen said he had been prepared to sentence Wilcox to a term of probation, but after hearing from Davis, District Attorney Jack Heneks and a prosecution witness, he continued the hearing to 1:30 p.m. June 10 give the attorneys time to gather additional witnesses.
Wilcox is free on bond and the pharmacy has closed. In September, his pharmacy license was suspended, according to the Pennsylvania Department of State.
Liz Zemba is a reporter for Trib Total Media.
Show commenting policy
TribLive commenting policy
You are solely responsible for your comments and by using TribLive.com you agree to our Terms of Service.
We moderate comments. Our goal is to provide substantive commentary for a general readership. By screening submissions, we provide a space where readers can share intelligent and informed commentary that enhances the quality of our news and information.
While most comments will be posted if they are on-topic and not abusive, moderating decisions are subjective. We will make them as carefully and consistently as we can. Because of the volume of reader comments, we cannot review individual moderation decisions with readers.
We value thoughtful comments representing a range of views that make their point quickly and politely. We make an effort to protect discussions from repeated comments either by the same reader or different readers.
We follow the same standards for taste as the daily newspaper. A few things we won't tolerate: personal attacks, obscenity, vulgarity, profanity (including expletives and letters followed by dashes), commercial promotion, impersonations, incoherence, proselytizing and SHOUTING. Don't include URLs to Web sites.
We do not edit comments. They are either approved or deleted. We reserve the right to edit a comment that is quoted or excerpted in an article. In this case, we may fix spelling and punctuation.
We welcome strong opinions and criticism of our work, but we don't want comments to become bogged down with discussions of our policies and we will moderate accordingly.
We appreciate it when readers and people quoted in articles or blog posts point out errors of fact or emphasis and will investigate all assertions. But these suggestions should be sent via e-mail. To avoid distracting other readers, we won't publish comments that suggest a correction. Instead, corrections will be made in a blog post or in an article.
- Clinton Church of God to hold fish fries
- Perry Township over projected winter budget
- 2013 was a challenging year for Highlands Hospital
- Uniontown man acquitted of rape charge
- New name, new energy for Connellsville fitness studio
- City seeks to join regional enterprise zone
- Connellsville FRIENDS hosting book sale Saturday
- Connellsville Ministerial Association kicks off Lenten luncheons
- Connellsville officials back movement
- ‘Shrek’ set to open at Connellsville Area High School
- Rural King Supply confirms store opening in Dunbar Township