Kokomo Tribune; Kokomo, Indiana

June 19, 2013

Accused doctors seek venue changes

Wagoners seek to have all charges dismissed.

By Scott Smith Kokomo Tribune
Kokomo Tribune

---- — Dr. Robert Brewer heads to court today to seek a change of venue for his trial on drug dealing charges, while fellow Wagoner Medical Center physicians Don Wagoner and Marilyn Wagoner will be in court Friday to seek a venue change.

The Wagoners, represented by Indianapolis defense attorney James Voyles, are also seeking the dismissal of the numerous felony charges they both face, arguing they acted within the scope of their profession.

In a motion filed in Howard Superior Court 1, Don Wagoner claims he “wrote prescriptions which were for a legitimate purpose and reasonable quantity.”

The motion also claims Wagoner wrote the prescriptions while acting in the usual course of his professional practice, and that Howard County lacks jurisdiction because he saw and treated patients in his office in Burlington. Defense attorneys are seeking the dismissal of charges against Don Wagoner’s wife, Marilyn Wagoner, claiming she also wrote prescriptions in reasonable amounts for legitimate reasons.

Prosecutors say both Wagoners, Drs. William Terpstra and Robert Brewer conspired to distribute thousands of narcotic pills to patients, without regard to any legitimate medical needs.

Charges filed against the doctors and by the Indiana Attorney General’s office link more than a dozen patient overdose deaths to prescriptions written at the two Wagoner Medical Center clinics.

Don Wagoner operated out of the WMC location in Burlington, while the other three doctors saw patients at the Kokomo clinic.

Terpstra is so far the only doctor who hasn’t requested a venue change. He is due to stand trial July 26, facing 24 felony drug dealing charges.