(Stillwater, Okla.) — A Kellyville man who admitted obtaining a prescription painkiller at the Cushing Walmart by using a false name and then walking out without paying was ordered Friday into Drug Court in Creek County — where he resides.
In addition to successfully completing the Creek County Drug Court program, Robert Dave Harwood, 30, must serve five years of probation for obtaining a controlled drug by the use of a false name and shoplifting the drug, both in Payne County.
Harwood must also pay $31 restitution for the stolen drug, perform 50 hours of community service within six months and pay $750 in fines and fees, Payne County District Judge Phillip Corley ordered Friday.
Cushing Police Officer Bill McCarty was sent twice to Cushing Regional Hospital within less than five months on reports that Harwood was using a false name to receive treatment, court records show.
The first time, on Aug. 23, 2009, Harwood — using a false name — went to the hospital to receive treatment and was given a prescription for 10 mg. Lortab, which he had filled under the false name at the Cushing Walmart pharmacy, McCarty wrote in an affidavit.
A pharmacy employee told police that “When the man came back to pick up the prescription, he was asked to show some identification and presented his driver’s license with his real name, Robert Harwood,” the affidavit said.
When Harwood picked up the prescription, he signed a false name on the receipt, said he would pay up front, and walked through the check-out stands and out the door without paying, the affidavit said.
The employee said that she saw Harwood “remove the prescription from the bag and placed the prescription in his pocket and placed the bag into the trash,” the affidavit said.
She said that Harwood got into a light green SUV and left before she went back and retrieved the bag from the trash, the affidavit said.
More than four months later, on New Year’s Day, the same officer was sent to the Cushing hospital regarding a man coming to receive treatment and a doctor questioning his identity, the affidavit said.
The officer told Harwood that he knew he had come into the hospital previously and used a name different from the one he was now using to get a prescription, which he had filled before walking out the door at Walmart without paying, the affidavit said.
Harwood said that he did not have insurance and the money to pay for a doctor, but that he would pay for the prescription that he had gotten from Walmart several months earlier, the affidavit said.
Obtaining a controlled drug by the use of a false name is a felony, which carries a maximum penalty of a 10-year prison term and a $10,000 fine. Shoplifting is a misdemeanor, which carries a maximum penalty of a six-month jail term and a fine of $500.
Since Harwood was given a deferred sentence as part of a plea bargain approved in court Friday, he will not have a criminal record if he successfully completes the Drug Court program and all the terms of his probation.
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