Published Thursday, January 29, 2009
Carrollton doctor pleads guilty
The Newnan Times-Herald
Dr. Phil C. Astin III, of Carrollton, Ga., pleaded guilty to a 175-count indictment Thursday shortly after 10 a.m. at the Lewis Morgan Federal Building in Newnan.
Astin admitted to illegally distributing large amounts of prescription drugs to patients from May 2002 until his arrest in July 2007. He distributed the prescription drugs knowingly and not for “legitimate medical purposes,” according to U.S. District Judge Jack T. Camp.
Astin was the family physician for WWE pro-wrestler Chris Benoit when Benoit killed his wife and son at their Fayetteville home on June 22, 2007, before taking his own life.
Astin prescribed drugs to Benoit from December 2004 until June 2007. Nancy Benoit, Chris’ wife, regularly received prescriptions for Lorcet, Xanax and Somas from June 2005 to May 2007.
A toxicology report from Chris Benoit’s autopsy showed that his testosterone levels were 10 times above the normal level.
Of the 175-count indictment, the first count represents a conspiracy charge stating that Astin entered into an agreement with patients to distribute prescription drugs illegally. Counts 2 through 175 refer to Astin knowingly distributing prescription drugs, or sometimes “drug cocktails,” to 19 patients, and not for “legitimate medical purposes.”
Astin illegally wrote prescriptions for methadone, Percocet, Oxycontin, M.S. Contin, Demerol, Lorcet, Ritalin, Vicodin, Klonopin, Vicoprofen, Xanax, Adderall and Soma, according to the indictment.
Astin admitted in court Thursday that the prescriptions he issued resulted in the death of one patient when she overdosed on the drugs. The female patient began receiving Lorcet, Xanax and Soma from Astin in 2002 and developed an addiction to the drugs, which continued until she overdosed on June 20, 2007.
Astin admitted that he wrote and filled 16 prescriptions for Lortab, Xanax, Dexedrine, Adderall and Ritalin in the names of two patients without their knowledge. He also admitted to writing multiple prescriptions for the same drug on the same date, sometimes as many as four simultaneous Percocet prescriptions to the same patient for the same 30-day period. He also wrote undated prescriptions.
During Thursday morning’s hearing, Astin admitted that, since his July 2007 arrest, he has been receiving treatment for depression and anxiety.
Astin’s attorney, Tasha Perdue-Silas, told the court that her client inherited the family medical practice when Astin’s father took his life because he’d suffered from chronic pain. Perdue-Silas defended her client, saying that Astin isn’t a common criminal who was selling prescriptions, instead he was attempting to help other people suffering with chronic pain.
“A larger portion of [Astin’s] patients were treated commendably by him,” said Perdue-Silas.
The case is being investigated by diversion investigators of the Drug Enforcement Administration (DEA) and the Fayette County Sheriff’s Department’s Drug Suppression Task Force, with the assistance of the West Georgia Drug Task Force and the Carroll County Sheriff’s Department.
This case is being prosecuted by Assistant U.S. Attorneys John Horn and Jeffrey Davis.
“Communities in Carroll County and throughout North Georgia were harmed by the hundreds of illegal prescriptions written by Dr. Astin and the terrible addictions caused or fed by these drugs,” said U.S. Attorney David E. Nahmias. “This case demonstrates the irreparable damage that can be done when a doctor violates his oath to help others and instead chooses the path of illegal drug dealing. Dr. Astin has now admitted his criminal conduct, and we will continue to work hard to ensure that he receives an appropriate sentence that ensures he is never able to harm anyone again.”
Astin could receive a maximum sentence of 20 years in prison and a fine of up to $1 million on each count.
Now begins the pre-sentencing investigation to establish the facts in the case. Those facts will be discussed with Astin and he will have the opportunity to dispute anything he perceives to be inaccurate. Then, on May 12, at 10 a.m. at Newnan’s federal courthouse, Astin will be sentenced by Judge Camp to federal prison time without the possibility of parole.
Astin was allowed to resume the conditions of his bond until sentencing.
