The Joplin Globe, Joplin, MO

Local News

March 6, 2008

<img src="http://www.joplinglobeonline.com/images/zope/extra.gif" border=0>Authorities say they see link between pharmacy, eight deaths<font color="#ff0000"> w/ affidavit for arrest of Norman E. Enyart</font>

By Greg Grisolano

ggrisolano@joplinglobe.com

GROVE, Okla. — Authorities investigating what they say is a link between an online pharmacy and eight deaths related to prescription-drug overdoses said none of the deaths occurred in the area.

“None of the deaths were in Oklahoma,” said Michael Eason, an investigator for the Delaware County Drug Task Force. “I really can’t expound on it.”

The overdoses are related to the muscle relaxant Soma that may have been purchased online, authorities say. Just recently, authorities say, a Grove man allegedly had been operating an illegal pharmacy out of a relative’s home. Eason referred questions in the matter to the Drug Enforcement Agency in Tulsa, but officials were not available for comment Thursday.

Records on file with Delaware County District Court show probable-cause charges have been filed against Grand Lake Pharmacy owner Norman E. “JR” Enyart. He is named in six counts, including operating an illegal pharmacy, possession of a controlled substance with intent to distribute, and maintaining a dwelling where controlled substances are kept. Enyart turned himself into authorities, and then posted $46,250 bond Wednesday and was released from the Delaware County Jail.

Soma, the trade name for carisoprodol, is a Schedule IV controlled substance under Oklahoma law, but it is not considered a narcotic by federal authorities.

Authorities say they believe Enyart’s operation of an online pharmacy was earning as much as $24,000 a day selling prescription drugs, including Soma and Viagra, through four Web sites.

A search of Enyart’s home at 32098 S. 603 Lane in Grove reportedly uncovered numerous weapons, marijuana, computers, prescription medications and pharmacy bills, according to court records.

He also was charged with possessing a firearm in the commission of a felony, possession of marijuana and possession of paraphernalia.

Chris Morris, director of the drug task force, said “hundreds of thousands” of receipts with patients’ information were removed from Enyart’s home.

“We’re looking at months to cipher through this,” he said.

Delaware County authorities said Tuesday that they seized a half-million dollars worth of materials last week, including illicit drugs and untaxed cigarettes, and arrested three people in connection with the alleged unlicensed online pharmacy operation.

The Sheriff’s Department arrested Enyart’s brother, Randolph Enyart, 45, and Tammy Ann Walker, 37, both of Grove, and Kristina Donohue, 25, of Jay, on probable-cause charges in multiple felonies after the raid last week on two homesteads in rural Grove.

Randolph Enyart and Walker are named in probable-cause charges of possession of a controlled and dangerous substance, operating an unlicensed pharmacy, maintaining a dwelling where drugs are distributed, possession of a firearm during the commission of a felony, and possession of marijuana and paraphernalia.

Donohue is named in probable-cause charges of possession of a controlled and dangerous substance with intent to deliver, not having a state tax stamp on tobacco products, and operating an unlicensed pharmacy.

Deputies reportedly seized items that included 2,000 Soma pills, at least 27,000 boxes of untaxed cigarettes, a quantity of marijuana, 25 to 30 firearms, $17,000 in cash and a number of vehicles after serving search warrants last week at the Enyarts’ residences and two storage buildings. They estimated the total value of the items seized at $500,000.

Bryce Lair, an assistant district attorney, said the large volume of evidence has slowed the investigation down.

“My investigators are so busy counting all the evidence, they haven’t even had a chance to write reports,” he said.

The Enyarts and Donohue are members of the Seneca-Cayuga tribe, according to Chief Paul Spicer.

When Norman Enyart opened the pharmacy in 2004, he was given a pharmacy license and permission by the tribe’s previous administration to do business on tribal land, Spicer said. He also was allowed to operate JR’s Smoke Shop out of the same building on tribal land north of the Cowskin Bridge.

“The premise of the whole thing was there would be prescription medications available to seniors at our tribe for reduced or no cost in exchange for the license,” Spicer said.

Said Lair: “There was a lot of confusion because of the Indian license.”

Spicer said the tribe tried to take action against Norman Enyart about a year ago, after learning that the pharmacy allegedly was selling Soma. But it wasn’t until the operation’s only licensed pharmacist quit six months ago that the tribe was able to revoke the license, he said.

“To revoke a license or lease without cause would be tortuous interference,” Spicer said. “We have to respect contract laws just like anybody else.”

Spicer said the tribe also received a ruling in tribal court about a month ago to evict Norman Enyart from his lease on the tribal grounds for nonpayment of rent.

“We wanted him off the land,” he said. “Basically the tribe said if he left immediately, we wouldn’t pursue the back rent.”

Once Norman Enyart was evicted from tribal grounds and allegedly began running the pharmacy out of his brother’s home, state authorities had jurisdiction in the matter and conducted the search.





Jurisdictional issue



Because the pharmacy previously was on tribal land, state agencies and the district attorney’s office had no authority to regulate it.

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