LIHUE — It is a felony crime for a person with a lawfully prescribed narcotic to sell or give away to another individual. An island resident found out the hard way that the law holds even with good intentions. Scott
LIHUE — It is a felony crime for a person with a lawfully prescribed narcotic to sell or give away to another individual. An island resident found out the hard way that the law holds even with good intentions.
Scott Michael Williams, 60, was sentenced to a five-year probation and 15 days in jail on Wednesday for selling oxycodone and methadone to an undercover police officer on Sept. 8, 2010. A 5th Circuit grand jury returned a three-count indictment against Williams in November 2010.
Judge Kathleen Watanabe said the case was disturbing when considering that prescription drug addiction and related crimes are second only to crystal methamphetamine in severity.
“The distribution of them is spreading a pervasive social problem on this island,” Watanabe said.
Williams had argued that the grandson of his landlord presented an individual who claimed to have hurt his back in a construction fall. He asked the man why he didn’t go to the doctor and get his own medication, but relented with five oxycodone pills when the man said he wouldn’t see a physician until the following week.
“That doesn’t give you the right to play doctor and pharmacist with your prescription,” Watanabe said in court.
State Deputy Public Defender Stephanie Sato said Williams agreed to the plea deal, and said he was reluctant to provide the pills, evidenced by his lack of criminal sophistication or profit.
The two transactions included oxycodone and methadone pills, according to County Deputy Prosecuting Attorney Timothy Tobin.
County Prosecuting Attorney Justin Kollar said the facts show that the defendant sold drugs to the informant on two occassions. The first time it was oxycodone, and the second time was methadone, which is not a drug that someone would take for back pain.
“He also admitted on tape that he sells pills to make ends meet,” Kollar said.
Williams was initially charged with first-degree promotion of a dangerous drug and unlawful use of drug paraphernalia in two different cases. He was also charged with second-degree promotion of a dangerous drug in one of the cases.
The A felony charges could have brought more than 20 years in prison. The plea deal reduced to third-degree promotion of a dangerous drug, a C felony charge that carries a possible five-year prison term.
Watanabe said the state was very generous in its offer to reduce the charges and with minimal jail time.
Watanabe denied the defense motion for deferred acceptance of no contest plea. It would have allowed Williams to have the charges cleared from his record upon successful completion of probation.
The court ordered Williams to pay a $500 drug demand reduction assessment fee in each of the two cases. He must also undergo a drug and alcohol dependency assessment and follow through with recommended treatment and therapy.
“I made an error and I can promise you that it won’t happen again,” Williams said.
