A Fairmont doctor Dr. Eugenio Menez, was arrested following the raid of his home and office. According to the Fairmont Police Department the 65-year-old physician was charged with 15 counts of delivery of oxycodone and fentanyl.
The Three Rivers Drug Task Force stated that Menez was offering oxycodone and fentanyl prescriptions in exchange for soliciting sexual favors. Authorities said that he never used to perform legitimate medical exam or check if there was a medical necessity before issuing these prescriptions.
The investigation revealed that both at his medical practice on Locust Avenue as well as his personal residence the physician indulged in inappropriate sexual contact with his female patient.
The investigation was jointly carried out by the Three Rivers Drug Task Force, the Fairmont Police Department, West Virginia State Police, the Greater Harrison County Drug Task Force, the Internal Revenue Service, Marion County Prosecutor’s Office and the Drug Enforcement Administration.
A court filing asserts that the law enforcement had video and audio surveillance to corroborate the woman’s account with regards to Dr. Menez’s behavior with her in an exam room.
The affidavit written by Lt. Brian Purkey, commander of the Greater Harrison Drug and Violent Crimes Task Force states that Menez had kissed the woman, touched her breasts and buttocks with her clothing on and touched her bare buttocks.
It also alleges that after the woman accused the doctor of forcing her to endure him “touching and fondling” her sexual organs, “kissing, and other inappropriate physical contact, the Law enforcement provided the woman with the video/audio equipment to gather evidence.
The video thus made was shown to employees of the U.S. Attorney’s Office in Clarksburg along with assistant U.S. attorneys who turned down the investigation after watching the video.
Yost said that the law enforcement started investigating the physician in 2011 and had even used undercover operative though unsuccessfully. He added that the case took a turn when another patient of Menez’s came forward.
Purkey’s Affidavit states that That woman met Yost, Purkey and a Drug Enforcement Administration special agent Sometime in April. She reported that Menez prescribed her oxycodone 5 mg pills till late 2013; then during an exam at his office, sometime in May or June, Menez made advances and started touching her leg and tried to kiss her.
The affidavit further states that the woman tried declining his advances but Menez waved a prescription pad in front of her and said something to the effect, that if she made him happy, he would keep her happy. The woman interpreted this as telling her that if she submitted to his advances, she would keep getting her painkillers from Menez.
The affidavit states that in the next visit the woman agreed to Menez’s advances; the doctor took advantage of the situation told the woman to rub his organ over his clothing and made the woman perform an act of oral sex, along with taking pictures of her genitals in his cellphone. In return Menez, increased her oxycodone dosage from 5mg to 10mg.
The affidavit quotes the woman saying that following the coerced sexual activity Menez began texting and calling her. She also adds that in every exam that followed, the doctor expected her to either perform oral sex on him or touch his male organ. Menez later started dangling his power over her prescription and used that to coerce the woman to send nude photos of herself from her cell to his cell.
Purkey adds that during the summer of 2015, Menez had the woman performed oral sex on him at his office and still withheld the prescription and demanded that she go to his residence. At his residence, doctor had sex with her in a number of different ways. This was followed by two additional visits to his home on Woodcliff Drive in Fairmont after which she received an oxycodone prescription in exchange for having sex with the doctor.
The affidavit also alleges that the woman also reported that during her hospitalizations on two occasions, Menez visited her in her room and had her perform oral sex on him and in exchange he administered her liquid opiates through her IV. The affidavit also adds that when the she checked herself in for long-term prescription opioid addiction treatment she broke off contact with Menez around Oct 2015.
It also states that when Menez was prescribing her prescription painkillers, the doctor never examined her, checked her range of motion, or performed or ordered any X-rays, MRIs or specialized testing. It is also noted that the doctor never conducted any blood or urine drug screen testing to verify if the use or lack of use of the painkillers that he had prescribed.
The contents of the woman’s cellphone including the texts between her and Menez where he tries to get her to visit him at his residence, or his office and of him persuading her to send him nude photos of herself in exchange for prescription painkillers were found by the police and preserved during the investigation.
Purkey affirms that Menez’s cellphone records showed over 3,000 calls or text messages were made to and from the woman, which is rather suspicious and not common in a typical doctor/patient relationship.
Purkey argues that Menez deliberately ensured that the woman was on a strong prescription painkiller and kept increasing the strength, frequency and amount of the painkiller pushing her towards addiction. He adds that Menez meticulously prescribed the dosages of Schedule II, Schedule III and Schedule IV to the woman in such a pattern to ensure that she visited him frequently at his medical office and thereby increasing contact with her for the purpose of his sexual satisfaction and to coerce her to his residence for the same purpose.
Based on Menez’s prescriptions for 2014, 2015 and the first quarter of 2016, Law enforcement reviewed approximately 15,000 prescriptions, narrowed down on 10 of Menez’s patients with reports similar to that of the woman who came forward in April.
Yost alleges that during the time of Menez’s arrest the doctor had at least three victims and based on the interviews conducted post the doctor’s arrest, the figure could rise to 6.
Police were in talks with the Marion County Prosecutor Jeff Freeman on adding additional charges and whether to seek such charges in magistrate court or through indictment. The members of Fairmont’s Three Rivers Drug Task Force along with the members of the Greater Harrison Drug and Violent Crimes Task Force studied State Code regarding controlled substances and decided to take the case to state court rather than federal court with hopes of better bigger impact and an appropriate sentence in state court.
The doctor of internal medicine was scheduled for a probable cause hearing on the 15 counts of delivery and the charges cover all the wrongdoing throughout 2015. Menez could face anywhere from 1-15 years and a fine of up to $25,000 on each count if convicted. The doctor surrendered his DEA registration upon arrest.