A Latimer County Sheriff's deputy who had been in charge of the drug evidence room was recently fired from his job. While losing a job is tough, things were about to get a lot worse for Bobby Joe Eubanks. According to the OSBI, as the sheriff cleaned out the former deputy's patrol vehicle, he discovered drug evidence in the car. Sheriff Jesse James contacted the OSBI, who determined that the drug evidence had been submitted to them for testing in 2011, and that the substance was methamphetamine.
OSBI investigators say that when they questioned Eubanks about the drug evidence found in his patrol vehicle, he admitted that he had twice stolen drugs from the evidence room he oversaw. He allegedly told them that he used meth to handle post-traumatic stress disorder (PTSD) that he suffers as a result of a deployment to Afghanistan as a member of the Army National Guard prior to his employment with the Latimer County Sheriff's Department.
Eubanks was arrested and released on bond. He is charged with larceny of a controlled dangerous substance, a felony.
In the Uniform Controlled Dangerous Substances Act, theft of a controlled substance is prohibited under 63 O.S.§ 2-403:
Any person found guilty of larceny, burglary or theft of controlled dangerous substances is guilty of a felony punishable by imprisonment for a period not to exceed ten (10) years. A second or subsequent offense under this subsection is a felony punishable by imprisonment for not less than ten (10) years. Convictions for second or subsequent violations of this subsection shall not be subject to statutory provisions for suspended sentences, deferred sentences or probation.
With a maximum of 10 years in prison on the first offense, and a minimum of 10 years in prison on a second or subsequent offense, it is clear that the Oklahoma government takes drug theft very seriously.
The same statute hands down even heavier penalties for drug robbery, such as robbing a pharmacy:
Any person found guilty of robbery or attempted robbery of controlled dangerous substances from a practitioner, manufacturer, distributor or agent thereof as defined in Section 2-101 63-2-101 of this title is guilty of a felony punishable by imprisonment for a period of not less than five (5) years, and such sentence shall not be subject to statutory provisions for suspended sentences, deferred sentences or probation. A second or subsequent offense under this subsection is a felony punishable by life imprisonment. Convictions for second or subsequent offenses of this subsection shall not be subject to statutory provisions for suspended sentences, deferred sentences or probation.
On the first offense, attempted robbery of controlled substances from a pharmacy, drug manufacturer or distributor, drug rep, or doctor is punishable by a minimum of 5 years in prison. Second or subsequent drug robberies or attempts carry a life sentence.
Oklahoma has notoriously tough drug laws, and the state's struggle with meth addiction and prescription drug addiction has not been alleviated by harsh penalties. Treating, rather than punishing, might do more to reduce the state's drug problem. Learn about Oklahoma drug courts and alternative sentencing by calling to speak with an attorney.
