Rx fraud draws two 8-year terms

Friday, September 11, 2009

Marshall County Circuit Court Judge Robert Crigler handed down two eight-year sentences to a Nashville man on Wednesday in a prescription fraud case that's nearly 12 years old.

James Kincaid Ussery, 66, of Nashville, pleaded guilty to charges of obtaining controlled substances by fraud at H&S Pharmacy No. 2 when it was located on West Commerce Street in January of 1998.

The investigating officer then was Lewisburg Police Detective Cpl Brian Cook who swore out arrest warrants against Ussery, alleging he'd obtained Lortab and Kefex, according to court records.

Indictments dated July 15, 2009, according to Ussery's judgment order, allege that Ussery used a prescription issued to Cecil Dowdy, whose Nashville address appears to have been the same as Ussery's on Stonemead Drive.

Judge Crigler ordered the two eight-year terms to be served at the same time.

Ussery was deemed to be a multiple offender and under state sentencing guidelines, he will not be eligible for a parole hearing until after he's served at least 35 percent of his term. Because he's been in custody for almost six months, Ussery might be eligible for a hearing in early 2012.