The Bee County Grand Jury returned a one-count indictment against 41-year-old Doug Phillips on Thursday afternoon.
The indictment listed the charge as
fraud, delivery of a controlled substance/prescription, schedule III, IV and V.
The charge is a third degree felony punishable by up to 10 years in prison and a $10,000 fine.
According to a news release filed by Bee County District Attorney Martha Warner, Phillips was a narcotics investigator with her office.
Warner said she notified Texas Department of Public Safety narcotics investigators after she received a complaint.
Assistant District Attorney Marc Le Det in Karnes City was assigned to present the case to the Bee County Grand Jury by his boss, District Attorney Rene Peña.
“Rene agreed to assist due to a conflict of interest created by Doug being an employee,” Warner said.
DPS narcotics investigator Jeff Smithwick conducted the probe into the allegations.
According to the indictment, Phillips allegedly had two prescription drugs, Norco, a pain reliever, and Ativan, a depressant, on Nov. 4, 2008.
Phillips’ bond was set at $10,000 by District Judge Joel Johnson.
A similar indictment also was returned against 42-year-old Tammy Ezzell.
According to one of four indictments, Ezzell was in possession of the same drugs on the same day as mentioned in the indictment against Phillips.
Ezzell also was named in indictments on the same charges for alleged offenses on Aug. 8, 2008, Sept. 19, 2007, and Jan. 6, 2009.
The charges in the indictments were all the same, fraud, delivery of a controlled substance/prescription, schedule III, IV and V.
In one of the indictments, it was alleged that she possessed the drug Provigil, a stimulant. The other indictments all alleged that she had either Ativan, a depressant, or Norco, a pain reliever.
Johnson set bonds on each of the indictments against Ezzell at $2,500, for a total of $10,000.
The two suspects turned themselves in to authorities at the Bee County Jail Tuesday morning and both were released later on the bonds set by Johnson.
The DPS investigator alleged that Ezzell used a prescription pad from Christus Spohn Hospital without the authority of the doctor named on the form.
The information on each indictment against the two suspects was filed on Thursday, the same day the grand jury met in Bee County.
“Doug’s indictment has resulted in his separation from the district attorney’s office,” Warner said.
She added that her fiduciary responsibilities to the county which she represents prevent her from suspending Phillips with pay.
“Doug will be reinstated if he is found not guilty and a position is available,” Warner said.
“He has been a real asset to this office and the people who we serve. My prayers are with him and his family.”