TennCare patient sold pain pills to drug dealers

Wednesday, May 14, 2008

A Lewisburg woman has pleaded guilty to TennCare fraud and related drug charges saying she sold pain pills obtained from the government health insurance program to a couple of men who resold the drugs.

In connection with her guilty plea last Wednesday, Lucy Marie Davis, 40, previously of College Street, agreed to an effective sentence of 4 1/2 years as negotiated by her court-appointed attorney, Lee Bowles, who asked Judge Robert Crigler to grant Davis alternate sentencing.

A sentencing hearing has been scheduled for June 18.

If permitted by Crigler, Davis might be serving the time, or some portion of it on probation.

However, Assistant District Attorney Eddie Barnard is asking the judge to take into consideration Davis' criminal record including a child abuse charge resolved in Marshall County General Sessions Court on June 19, 2001, court records show. Such a record may be considered when a judge sentences a defendant.

Indicted on Feb. 20 in three cases, Davis is quoted by leaders of the 17th Judicial District Drug Task Force as saying that she had been selling Lortab tablets for about seven months and that the two men who were buying them from her were reselling the pain medication.

"She admitted that she had been receiving a prescription for Lortab for about a year ... and ... selling" them, Agent Billy Ostermann and Task Force Director Tim Lane wrote in the warrants against Davis.

"Davis said it was not unusual for one of them to purchase the entire prescription," the lawmen said.

The prescription was, at different times, 80 and 120 pills, the record shows. The Lortab pills in this case were hydrocodone with acetaminophen.

Miller and Ostermann were quoting Davis from an Oct. 16, 2007, interview, adding that she told them she'd "do anything to help with her situation."

They asked for permission to search her house and she agreed, the record indicates. When they found marijuana, "she said it was her husband's," the arrest warrant states.

Within a month of Davis' indictment, Crigler acknowledged Davis' affidavit that she was indigent and needed an attorney. The public defender's office was appointed. Subsequently, Assistant Public Defender Michael Collins told Crigler that his office was already defending one of the men who, Davis said, was buying drugs from her.

"He implicated Lucy Davis as his supplier," Collins said.

The warrant accusing Davis of TennCare fraud indicates that the resale of pain pills obtained from the government health insurance program was planned.