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News (Media Awareness Project) - US KY: Former Grayson Chief Charged In Drug Theft
Title:US KY: Former Grayson Chief Charged In Drug Theft
Published On:2003-04-08
Source:Daily Independent, The (KY)
Fetched On:2008-01-20 20:27:31
FORMER GRAYSON CHIEF CHARGED IN DRUG THEFT

GRAYSON - Grayson's former police chief on Monday pleaded not guilty to a
felony charge stemming from the theft of prescription drugs from the
department's property room.

Greg Wilburn, 39, of Stinson Road, was charged with one count of tampering
with physical evidence, a Class D felony, in a criminal information handed
up in Carter Circuit Court.

If he is convicted, Wilburn - who also chaired the board of directors of
the FIVCO Area Drug Enforcement Task Force - could be sentenced to up to
five years in prison.

The charge against the former chief was the culmination of a nearly
year-long investigation by the Kentucky State Police. It began after the
drugs - being held as evidence in the Labor Day 2001 robbery of the Grayson
Rite Aid store - disappeared from the property room.

About 2,000 pills were taken from the room, located in the Grayson
municipal building, Commonwealth's Attorney David Flatt said. Among them
were various painkillers, including OxyContin, Lorcet and Percocet, and
anti-depressants, including Xanax and Valium.

Authorities did not find any evidence linking Wilburn to illegal
prescription drug trafficking, Flatt said.

"We found no evidence that any of these drugs hit the streets," he said.

According to Flatt, Wilburn was the only member of the police department
who had access to the property room.

"He had appointed himself evidence officer and he had the only key that
we've been able to locate," he said.

The drugs were discovered missing June 13 after Circuit Judge Samuel Long
issued a court order, at Flatt's request, directing the police department
to bring the drugs to court so they could be returned to Rite Aid. The
department failed to do so.

The next day, Long issued a search warrant for the property room. The KSP
served it that same day and seized the contents of the room.

Investigators found a number of bottles that had previously contained
prescription drugs had been tampered with, Flatt said. The foil seals on
the mouths of the bottles had been pulled back, the pills removed and
replaced with over-the-counter medications, such as ibuprofen, and the
seals glued back in place, he said.

Wilburn - sporting a goatee and dressed in a denim shirt and jeans -
appeared briefly in court Monday amid heavy security. He left the
courthouse without commenting.

Wilburn's attorney, Bob Miller, did not return a phone call seeking comment.

A criminal information, which carries essentially the same force as a grand
jury indictment, is a formal accusation of a crime.

By appearing in court voluntarily to plead to the information, Wilburn was
able to avoid arrest and therefore is not subject to bond, Flatt said.
However, he would be subject to arrest if he fails to show up for any of
his court appearances, he said.

Long scheduled a pre-trial conference for June 16.

Wilburn - a former Marine who joined the police department in the mid-1980s
- - resigned as chief Sept. 17, citing "prolonged and continuing medical
complications and concerns." He had been on sick leave since mid-June.
Assistant Chief Keith Hill was promoted to chief by the city council to
replace Wilburn.

The council also responded to the disappearance of the drugs by passing a
measure in July tightening control of the property room.

Russell Mayor Don Fraley was elected last year to replace Wilburn as
chairman of the FADE board.

Flatt, a member and former chairman of that board, said he did not believe
the multi-county drug task force had been compromised by Wilburn's alleged
misdeeds. He said Wilburn's position with the task force was "strictly an
administrative one."

Fraley agreed, saying there was no way Wilburn could have affected any of
the cases worked by the task force.

"He had no responsibilities and was not in any position of oversight. He
was never in a position with FADE that would require him to come into
contact with any evidence," he said.

Fraley said the only FADE members who come into contact with evidence
gathered on raids are staff who do not work for other law enforcement agencies.

He said FADE would assist with any ongoing investigation into the
allegations against Wilburn.

"We are going to let this take its course, and we'll assist in any way we
can," Fraley said.

Authorities do not suspect anyone else was involved in the theft of the
drugs, Flatt said.

The drugs taken from the property room were among about 6,000 doses of
prescription medication taken from Rite Aid in the Sept. 2, 2001, robbery.
Ryan A. Moore of Ashland and Thadd M. Ward of Flatwoods both pleaded guilty
to charges stemming from the holdup. The two were arrested after police
interrupted the robbery.

Moore was sentenced to eight years in prison, while Ward received a
three-year sentence.
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