KOKOMO, Ind. — A police officer in northern Indiana was charged Wednesday with two felony drug counts and misdemeanor theft for allegedly stealing Fentanyl from a woman in December.

Kokomo Police Department Officer Heath Evans, who was the focus of an internal KPD investigation, was charged with a felony count of obtaining a controlled substance by fraud or deceit; a felony count of possession of a narcotic drug; and misdemeanor theft.

According to a probable cause affidavit, Evans responded to a welfare check for a woman named “Nancy” on Dec. 22, after Nancy’s friend called police to say she was worried about Nancy’s well-being.

After speaking with Nancy and leaving, Evans reportedly returned to the home to ask Nancy if there was anything further he could do for her.

Nancy told Evans that she needed her prescription picked up from a doctor’s office and then filled at a nearby CVS Pharmacy, according to court documents. Originally, Evans told Nancy that he could drop off the prescription and Nancy could have a friend pick it up.

It was considered a normal routine for Nancy’s friend — who she calls “Buddy” — to pick up her medicine and drop it off at her house, according to the affidavit.

Approximately 30 minutes later, however, Evans returned to Nancy’s home and provided her with an unstapled pharmacy bag. Nancy found the situation to be “odd and peculiar” as her prescription bag of Fentanyl patches are always stapled and include two boxes, according to the affidavit.  

Only one box was in the bag given to Nancy, who told police her Fentanyl prescription is never partially filled.

After Nancy questioned Evans, he told her, “That’s what they gave me.”

Evans then sat down and began to question Nancy on how to apply Fentanyl patches, asking her where she puts them on her body, according to the affidavit. At Evans’ request, Nancy even changed her Fentanyl patch and applied a new patch. Fentanyl, a powerful synthetic opioid analgesic, is used to treat severe pain.

In an interview with KPD investigators, Nancy said that because of the theft “she is suffering both mentally and physically.” Nancy’s interview with police was conducted on Jan. 12.

The next day, KPD Detective Derek Root went to the CVS store and spoke with the manager, who provided Root with video of the Dec. 22 incident.

Root also obtained the pharmacy label printout of Nancy’s prescription for Dec. 22 for two boxes of Fentanyl, 50 microgram patches, with five patches in each box.

Root also was given a CVS signature log and a copy of the prescription. A CVS Pharmacy technician later confirmed that Evans picked up two boxes of Fentanyl patches.

In an affidavit, Root says he made several attempts to meet and speak with Evans about the situation, but that Evans initially advised him to speak with his attorney. Despite speaking with Evans’ attorney, no interview or statement was given by early February.

On Feb. 21, Root received a sealed envelope from KPD Capt. Shane Melton, which contained lab results from Evans’ urine screens. The sealed envelope was given to Melton from Howard County Prosecutor Mark McCann. Root had previously completed a subpoena request for lab results of Evans’ urine tests.

The urine screen showed a positive test for Fentanyl, after which Root requested an arrest warrant.

The Kokomo, Indiana Tribune reports Evans has been placed on administrative leave without pay following the reading of a memorandum from Police Chief Rob Baker at Wednesday’s Board of Public Works meeting.

Evans’ initial court appearance is set for 9 a.m. March 16.

Myers writes for the Kokomo, Indiana Tribune.