(Stillwater) - Former OSU Men's Basketball Coach Sean Sutton was charged today in Payne County District Court as a result of his arrest on Thursday February 11th.
Sutton was charged with one count of obtaining a controlled and dangerous substance, Oxycodone, by fraud, punishable by a fine of up to $10,000 and 10 years in prison, one count of unlawful possession of a CDS, Oxycodone, without a prescription, punishable by 2-10 years in prison and up to $5,000 in fines, one count of attempted possession of a CDS, Adderal and Clonazapam, without a prescription, punishable by 2-10 years in prison and/or fines up to $5,000, and use of a communication facility to facilitate a felony, punishable with up to 5 years in prison and/or $5,000 in fines.
In an affidavit written and signed by Agent Brian Surber, of the Oklahoma State Bureau of Narcotics and Dangerous Substances, during 2009, while conducting interviews with several of Sutton's physicians, Surber became aware of the fact that several physicians had written Sutton prescriptions for controlled and dangerous substances. Each physician was unaware of the prescriptions written by the other physicians, and each physician would not have written Sutton a prescription for a CDS if Sutton had not concealed the fact that he was seeing other physicians for CDS as well. When Surber interviewed Sutton, on several occasions, he admitted to fraudulently seeing multiple doctors and using multiple pharmacies for the purpose of fraudulently obtaining CDS.
When initially contacted by officers, Sutton allegedly told Officer Heath Hall of the Stillwater Police Department that he had an Oxycontin tablet in the console of his car. Officers then retrieved a bottle with a partial tablet that appeared to be opiates out of Sutton's car. During an interview with Surber, Sutton allegedly stated he received the Oxycontin from Michelle Keller a few weeks prior.
On February 11, 2010 Surber obtained a search warrant, authorized by Payne County District Court Judge Steve Kistler, for a package sent by Federal Express to Sutton in Payne County, Oklahoma. The return address stated that the sender was Michelle Keller. When Surber opened the package, he states he found four separate types of tablets, and a total of forty tablets. Allegedly 3 of the tablets were a sleep aid, ten of the tablets were Adderal, fifteen of the tablets were generic adderal, and fifteen of the tablets were Clonazapam. Surber states that he then removed the bottle of tablets from the package and replaced the bottle of tablets with a box of candy, and returned the package to the Federal Express office to be re-sealed. Federal Express employees then contacted Sutton to inform him his package had arrived. Surber observed Sutton enter the Federal Express office and leave with the package in question. Sutton then placed the package in the back of his vehicle and drove west bound on Air Port Road, where he was stopped by Sergeant Paul Bostick of the Stillwater Police Department. Surber then spoke to Sutton where Sutton allegedly admitted to illegally obtaining CDS by Federal Express. When asked at that time if he and Sutton could talk somewhere else, Sutton agreed. Sutton was not placed under arrest at that time.
During the second interview, Sutton allegedly admitted he had been obtaining CDS from Michelle Keller in Seattle, Washington, and claimed he met Keller in an inpatient rehabilitation program and had been obtaining CDS from her for nearly a year. Sutton also alleged he received CDS from Eliyuha Weintraub in New York, who he also met in rehab. He also stated that he believed most of the drugs Keller sent him came from Weintraub. When asked what he believed was in the package that day, he said a sleep aid, Clonazapam, and Adderal. Sutton also stated he had sent Keller cash on several occasions through Federal Express and wire transfers. He also stated he sent money to Weintraub in the same fashion.
When Surber asked if he could examine Sutton's cell phone, and asked if Sutton could show Surber the text messages between himself and Keller, Surber found a series of messages between Sutton and Keller describing the arrival of the package, and their fears that it might be intercepted. Sutton allegedly admitted to using his cell phone to communicate regularly with Keller in regards to the shipments of CDS, both through text message and phone calls. Sutton was placed under arrest at approximately 11:50 p.m. on February 11, 2010.
When meeting with Sutton on February 12, 2010 Surber noticed Suttons profuse sweating and apparent discomfort, when Surber asked Sutton if he was experiencing withdrawals, Sutton allegedly told Surber he was experiencing withdrawals and that he would tough it out. Later that day Surber was told Sutton was experiencing vomiting and the jail staff was concerned for his health.
On February 12, 2010 bond was set for Sutton in the amount of ten thousand dollars, and conditions were that Sutton would be released into an inpatient treatment center, and that he must complete the inpatient treatment. Sutton posted bond and was released.
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