TEXARKANA, Arkansas — Nurse practitioners and pharmacists accused of conspiring to distribute controlled substances in Southwest Arkansas appeared Wednesday before a federal judge in Texarkana.
Six of the eight defendants listed in a one-count indictment appeared in person before U.S. Magistrate Judge Barry Bryant for an initial appearance and arraignment in Texarkana’s downtown federal building. One defendant appeared before Bryant via video Wednesday and another is expected to appear Thursday.
All of the defendants appeared in response to a court summons.
The case, styled United States versus Lansdell et. al. and filed in the Texarkana Division of the Western District of Arkansas, accuses the eight of conspiracy to distribute Schedule II, Schedule III and Schedule IV controlled substances without an effective prescription. The charge essentially means prescription drugs were distributed without a legitimate medical purpose.
The indictment, unsealed Wednesday, specifically alleges conspiracy to distribute Schedule II controlled substances, hydrocodone and oxycodone, and other Schedule II, III and IV controlled substances beginning “in or about” January 2019 and continuing through Aug. 1, 2021.
Hydrocodone and oxycodone have been at the heart of the opioid crisis.
“In the United States, the country most severely affected, it arose through a confluence of well-intentioned efforts to improve pain management by doctors and aggressive — even fraudulent — marketing by pharmaceutical manufacturers,” according to a 2019 article published in Nature.
A number of clinics and pharmacies in Southwest Arkansas were searched by federal agents with the assistance of local law enforcement in May 2021, including clinics in Texarkana, De Queen, Lockesburg and Dierks.
Tawnya Lee Lansdell, a nurse practioner, appeared before Bryant via video in chambers Wednesday morning with Little Rock lawyer Erin Cassinelli. Lansdell pleaded not guilty and will remain free on an unsecured appearance bond. Lansdell is the first defendant listed in the case.
Claire Terece Russell, 59, a nurse practitioner, was among six defendants who appeared before Bryant in person Wednesday morning. Texarkana lawyer Cary Rochelle entered a not guilty plea on Russell’s behalf.
Wendy Wynette Gammon, 42, a nurse practitioner, appeared with Little Rock lawyer Darren O’Quinn. O’Quinn entered a not guilty plea on Gammon’s behalf.
The fourth defendant listed in the case, Shelly Rae Eastridge, is a nurse practitioner who is expected to appear Thursday before Bryant for an initial appearance and arraignment.
Bonita Lois Martin appeared with Assistant Federal Public Defender Alex Wynn, who entered a not guilty plea on Martin’s behalf. Martin is a nurse practitioner.
Candace Michelle Whitley, 30, a pharmacist, appeared with Texarkana lawyer Jeff Harrelson and entered a plea of not guilty.
Pharmacist Gina M. Richardson, 41, appeared Wednesday without a lawyer. The court appointed Hot Springs lawyer Morse Gist to represent Richardson for the hearing. Gist entered a not guilty plea on Richardson’s behalf.
Stephen Haden Sullivan, 68, appeared with Texarkana lawyer Jason Horton. Sullivan, a pharmacist, is the final defendant listed in the case and Horton entered a not guilty plea on his behalf.
Assistant U.S. Attorney Anne Gardner outlined the possible punishment ranges the defendants face if convicted. If found guilty of conspiring to distribute a Schedule II substance, a defendant faces up to 20 years in federal prison, a fine up to $1 million, or both. The range can be increased if a defendant has a prior felony conviction for a drug offense or if the illegal conduct resulted in death or serious bodily injury.
Schedule II drugs include substances with a high potential for abuse and addiction including opioids like oxycodone and hydrocodone and stimulants like Adderral and Ritalin, for example.
“These drugs are also considered dangerous,” according to the DEA’s website.
If found guilty of conspiring to distribute a Schedule III substance, a defendant faces up to 10 years in federal prison, a fine up to $500,000, or both. The punishment range can be increased if a defendant has a prior felony drug conviction or if the illegal conduct resulted in death or serious bodily injury.
Schedule III drugs include substances like Tylenol with codeine and ketamine, for example, according to the DEA’s website.
If found guilty of conspiring to distribute a Schedule IV substance, a defendant faces up to five years in federal prison, a fine up to $250,000, or both. The punishment range may be increased if a defendant has a prior felony drug conviction or if the illegal conduct resulted in death or serious bodily injury.
According to the DEA’s website, Schedule IV drugs include Xanax, Valium, Ativan, Tramadol and Ambien, for example.
Bryant noted that cases involving allegations of conspiracy to distribute controlled substances typically include a presumption that the accused will be held in custody while their case proceeds. Bryant said that in this case, pretrial services is recommending pretrial release. Bryant agreed to release all the defendants who appeared Wednesday on $5,000 unsecured appearance bonds.
Bryant told the defendants they must be employed or seeking employment, surrender their passports, possess no firearms and that their travel is restricted to Bowie County, Texas, and the Western District of Arkansas with some exceptions for defendants who work or have close family in McCurtain County, Oklahoma.
If any of the defendants has an Arkansas medical marijuana card, they are required to surrender it to the court while the case is pending.
“Marijuana use is illegal under federal law even if you have a doctor saying it’s okay for you to use it,” Bryant said.
Bryant set all the defendants for trial in May before U.S. District Judge Susan Hickey though he acknowledged the date may change at the request of the government or any of the defendants.
