Optometrist, pharmacist face drug charges

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September 3, 2010

Police say two conspired to fill bogus prescriptions

By Scott Smith Tribune staff writer The Kokomo Tribune Fri Sep 03, 2010, 10:59 PM EDT

Kokomo — A Kokomo pharmacist and a Kokomo optometrist have been arrested and charged with multiple felonies in what law enforcement officers allege was a conspiracy to deal narcotics.

Howard County Sheriff Marty Talbert said Mark C. Allion, 62, 900 block of Parkway Court, Kokomo, surrendered himself at the Howard County jail late Thursday afternoon.

Allion, a former Kmart pharmacist, and Kokomo optometrist James Phillip Montgomery, 64, 2500 block of West Carter Street, both face multiple felony drug-dealing charges.

Last year, Talbert said both men attracted the notice of a pharmacy inspector with the State Professional Licensing Agency, who suspected Montgomery was writing fraudulent prescriptions and Allion was filling them.

“Montgomery was not authorized to write the prescriptions, and [U.S. Drug Enforcement Agency] numbers appearing on the fraudulent prescriptions belonged to other physicians,” Talbert said in a press release Friday.

“The prescriptions were written and filled under several names, with Montgomery picking up and paying for the drugs. When other physicians were questioned during the investigation they denied knowledge of the activity, or having any contact with any of the patient names on the prescriptions,” Talbert added.

During the course of the investigation, Talbert said, Howard County Sheriff Deputy Matt Roberson placed himself inside the Kmart store at 205 N. Dixon Road, and witnessed a transaction between Allion and Montgomery.

Talbert said investigators also discovered Montgomery was obtaining Oxycontin under a legitimate prescription, and distributing the drug in Grant County.

Talbert said Allion no longer works for Kmart.

“Kmart was cooperative during this investigation,” Roberson said. “They terminated Allion when they became aware of the investigation.”

Montgomery’s optometrist license is currently under indefinite suspension, according to Talbert.

Allion faces five Class A felony counts of dealing in a schedule II controlled substance, and nine Class B felony counts of dealing in a schedule II controlled substance.

Montgomery faces four Class A felony counts of aiding, inducing, or causing dealing in a schedule II controlled substance, one Class A felony count of conspiracy to commit dealing in a narcotic drug, and 10 Class B felony counts of aiding, inducing, or causing dealing in a schedule II controlled substance.

Talbert said Allion turned himself in at the Howard County Jail Thursday and Montgomery turned himself in Friday. Both men posted bond and were released the same day. Bond was set for both at $75,000.

• Scott Smith is a Kokomo Tribune staff writer. He may be reached at 765-454-8569 or via e-mail at scott.smith@kokomotribune.com

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