The former director of the Utah Department of Public Safety pleaded guilty to two felonies on Monday and said he is recovering from an addiction to painkillers.
Scott T. Duncan, 57, also pleaded guilty to a misdemeanor for insurance fraud, but he will not go to jail. Duncan and the Utah Attorney General's Office entered into an abeyance agreement in which if Duncan continues drug treatment and does not break any more laws, the charges will be dismissed after three years.
"I knew it was dangerous for me to be taking [painkillers]," Duncan said in an interview Monday, "but once it hooked me, it grabbed me."
Duncan said he has been in treatment for five months. He meets with a counselor at Utah Valley Regional Medical Center.
"It wasn't a real egregious case," said Daryl Bell, the assistant attorney general who prosecuted the case. "If it had been a real egregious case, we wouldn't have offered that [agreement]."
Duncan worked his way through the ranks of law enforcement. He started as a state trooper on the road in 1976. He became the Utah Highway Patrol commander in 2001, then took over its parent agency, the Department Of Public Safety, in 2006.
In Monday's interview, Duncan said he has had back pain and taken Lortab for 10 or 15 years, usually less than a pill per day. Also, his son died from an overdose of prescription drugs in 2001.
Last year, his 30-year marriage ended. That and the stress of his job caused trouble sleeping, and Duncan said he began taking the prescription sleep aid Ambien.
"They were legitimate prescriptions," Duncan said, "but what I found out was they don't help you if you're not doing other things to address stress."
Duncan said he had a bad reaction to the medication Jan. 15 of this year. Duncan was stopped twice in his state car while driving between St. George and Cedar City. The second stop came when Duncan could not keep the car in its lane. A UHP trooper found him lethargic and somewhat forgetful, according to a UHP spokesman after the stop. Duncan resigned six days after the stops.
Duncan said he could no longer take the sleep medication. But to sleep, Duncan was taking extra Loritab to alleviate the back pain.
In the spring, Duncan had a root canal done. The dentist wanted to prescribe Loritab. Utah law required Duncan to tell the dentist he already had a prescription. But Duncan said nothing.
"The reason I didn't do it was I was basically hooked on this stuff," Duncan said.
Duncan said investigators for UHP discovered the extra prescription while investigating the Cedar City traffic stop.
The prescriptions from the dentist and Duncan's primary physician became the basis for the two felony counts of prescription fraud. The counts are third-degree felonies punishable by up to five years in prison. The misdemeanor for insurance fraud stems from Duncan billing his insurance company for both prescriptions.
The criminal charges were filed Oct. 14 in state court in Provo. They were listed on routine court dockets but were not publicized by the attorney general's office and went unnoticed by reporters until Monday. Duncan did not hire an attorney.
Bell said Duncan has been "totally cooperative."
"He's probably one of the most repentant guys I've seen," Bell said.
State Sen. Peter Knudson, R-Brigham City, who also is an honorary UHP colonel, called Duncan "a fine gentleman and a fine trooper."
"Utah is not exempt from drug problems -- not by a long shot," said Knudson.
Duncan said he still has back pain and doesn't sleep some nights. He tries to treat the back problems with stretching and ibuprofen.
Duncan described his story as happy and sad. He is sad members of the public won't trust him the way they did when he was a police officer. He is happy he is treating his drug addiction.
"That is a happy ending in my opinion," Duncan said.
