Citra Man Charged with Medical Tampering at Local Hospital
Tampa, FL - United States Attorney Robert E. O'Neill announces the return by a grand jury of an indictment charging Justin Brian Horan (26, Citra) with two counts of tampering, one count of lying to a federal officer, four counts of acquiring a controlled substance by fraud or deceit, and one count of conspiracy to acquire a controlled substance by fraud or deceit. If convicted, Horan faces a maximum penalty of up to ten years in federal prison on each of the tampering charges, up to four years on each of the acquiring controlled substances by fraud or deceit charges, and up to five years for lying to a federal officer. The indictment also notifies Horan that the United States intends to seek a money judgement for, or forfeit any assets which are traceable to the proceeds of the charged controlled substance offenses or used to facilitate those offenses. Horan was arrested today in Citra and is scheduled to have his initial appearance before United States Magistrate Judge Thomas B. Smith in Ocala this afternoon.
According to the indictment, Horan was employed as a non-certified Operating Room Technician, or Scrub Tech, at Oak Hill Hospital, in Brooksville, Florida until May 1, 2008. During that time, Horan is charged with tampering with a consumer product by diluting vials of Morphine and vials of Midzolam, also known as Versed, knowing that the vials were intended to be dispensed to patients, for pain relief and sedation, at Oak Hill Hospital. Horan is charged with acting with reckless disregard of the fact that other persons would be placed in danger of death or bodily injury. The indictment claims that in doing so, he manifested extreme indifference to such risk. Horan allegedly used syringes and dermabond, an adhesive material, which is generally available to individuals working in the operating room areas at Oak Hill Hospital, in an effort to conceal and hide his unlawful acquisition of Morphine and Midazolam from the vials. Horan is also charged with removing blank prescriptions from Oak Hill Hospital, some of which he was in possession of on June 18, 2008, and for which he was charged with fraudulently using on May 3 and June 4, 2008, to acquire Oxycodone from a local pharmacy.
An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Food and Drug Administration Office of Criminal Investigation, and the Pasco and Hernando County Sheriff's Offices. It will be prosecuted by Assistant United States Attorney Kelley C. Howard-Allen.
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A. Lee Bentley
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the Middle District of Florida
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