CLARION, Pa. (EYT) – Two individuals are facing charges after they allegedly attempted to fraudulently obtain controlled substances through a Clarion business.

According to court documents, the Office of Attorney General filed criminal charges against Timothy E. Auker, 27, and Janelle Nichole Bearley, 25, both of Lewistown, for their roles in trying to get prescription medicine at a pharmacy in Yeagerstown, Mifflin County, Pa., through Addiction Outreach in Clarion.

Details of the incident

According to a criminal complaint, on July 14, 2015, a Narcotics Agent with the state Attorney General’s office, was contacted by the Medical Director at Addiction Outreach located in Clarion. She informed the Narcotics Agent that she had been contacted by a pharmacy in Yeagerstown. The pharmacist called to confirm a call in prescription from Addiction Outreach for Subutex for a patient named Timothy Auker. The Medical Director at Addiction Outreach stated that she spoke with “the prescribing doctor” and found out that the prescription was fraudulent as he did not have a patient named Timothy Auker.

The complaint states that on July 14, 2015, the pharmacist referenced earlier told the Narcotics Agent that he had received a call in prescription from a female identifying herself as “Sally” from the Addiction Outreach in Clarion. The female stated that she was calling in a prescription for a patient named Timothy Auker. The prescription was for 66 8mg Subutex tablets.

The complaint indicates that the caller also stated that the patient’s girlfriend, Janelle Bearley, would be in to pick up the prescription. Additionally, while the pharmacist was talking to the Narcotics Agent, a call came in on the other phone line from a male — who identified himself as Timothy Auker — to find out if his prescription for Subutex was ready. The Narcotics Agent told the pharmacist to tell the caller that it was ready. While the Narcotics Agent was still on the phone with the pharmacist, a female known to him personally as Janelle Bearley came into the pharmacy to pick up the prescription for Auker. The pharmacist asked who the doctor was and Bearley said it was from Addiction Outreach in Clarion. The pharmacist informed Bearley that the prescription wasn’t authorized and was fraudulent.

According to the complaint, Bearley told the pharmacist “that it was probably a mistake and that it was probably written by (a known doctor). The pharmacist then told Bearley that the ‘police’ were on the phone and wanted to talk to her.” The Narcotics Agent “overheard Bearley say that her infant was in the car and that she had to leave,” the complaint continues.

Bearley exited the pharmacy and got into her car and left the area. The pharmacist was able to provide video surveillance of the incident as well as a personal account of the incident. Additionally, Bearley was known to the pharmacist as a longtime customer of the pharmacy, the complaint states.

On July 22, 2015, the Narcotics Agent spoke with the Mifflin County Adult Probation concerning Bearley and Auker. “The probation officer stated that Bearley and Auker have both been on probation for various crimes that they committed. The probation officer also said she believes that Bearley and Auker are boyfriend and girlfriend and that Auker is listed as the father of a young child that Bearley had. Probation provided a last known address of 219 Pine Street in Lewistown,” according to the complaint.

On August 8, 2015, two Narcotics Agents went to 219 South Pine Street in Lewistown and interviewed Auker and Bearley.

According to the complaint, “Auker said that on July 14, 2015, he was made aware via telephone that a prescription had been called into a pharmacy in Yeagerstown. Auker stated that he knew that the prescription was fraudulent as he had not been to see the doctor. Auker stated that he thought he might be able to get away with getting the prescription filled so he called the pharmacy and asked the pharmacist if it was ready.”

Auker stated that “he then went to the pharmacy with his girlfriend Janelle Bearley to pick the prescription up.” He stated that Bearley went into the pharmacy while he waited in the car. He stated that “Bearley knew that the prescription was fraudulent before going into the pharmacy. Auker provided this agent with a written statement verifying it” the complaint continues.

Auker stated that “he was aware of Bearley trying to fraudulently obtain Subutex at Addiction Outreach, but he did not take part in those crimes,” the complaint states.

The Narcotics Agents spoke with Bearley who stated that “on July 14, 2015, she was informed by Auker that a prescription had been called into a known pharmacy for Subutex.” Bearley stated that “she knew that the prescription was bad, but thought that she could get away with acquiring the fraudulent Subutex,” the complaint indicates.

Bearley stated that she attempted “to obtain Subutex from Addiction Outreach June 18, 2015. She made a form on the computer stating that she was pregnant. Bearley said she knew that it was wrong, but wanted to keep taking Subutex as she is severely addicted to heroin. She stated that she wanted to keep breastfeeding her child and was afraid that Suboxone would have negative results on the baby. Bearley stated that Auker had no involvement in these crimes,” the complaint indicates.

As part of a follow-up investigation, the Narcotics Agent learned that Bearley was at a medical faciltiy for a patient visit on June 18, 2015, where she informed the doctor that she was pregnant and requested Subutex instead of Suboxone. Bearley provided documentation from a health center in Lewistown stating the patient Janelle Bearley is pregnant and has an expected due date of Feb. 21, 2016. When the medical center was contacted, it was confirmed that Bearley was not issued a letter for pregnancy and that she is treated by a (known doctor) and is prescribed birth control medication, according to the complaint.

Charges filed against Auker, Bearley

According to court documents, The Office of Attorney General filed criminal complaints against Auker and Bearley in District Judge Duane L. Quinn’s office on August 2.

Auker faces the following charges:

• Acquire Or Obtain Possession of Controlled Substance Misrepresentation, Felony
• Conspiracy — Acquire Or Obtain Possession of Controlled Substance Misrepresentation, Felony
• Criminal Use of Communication Facility, Felony 3

The following charges have been filed against Bearley:

• Acquire Or Obtain Possession of Controlled Substance Misre, Felony
• Criminal Attempt — Acquire or Obtain Possession of Controlled Substance Misre, Felony
• Conspiracy — Acquire or Obtain Possession of Controlled Substance Misre, Felony

Both individuals are awaiting preliminary hearings.