Ex-pharmacist Bain pleads guilty

djournal-Court-News2By Patsy Brumfield

Daily Journal

TUPELO – Jim Bain, a former pharmacist and ex-Lee County school board member, faces up to 10 years in prison after his guilty plea Monday to selling the painkiller hydrocodone without a prescription.

Bain, 60, appeared before U.S. District Judge Sharion Aycock in Aberdeen with his attorney, Ronald Michael of Booneville.

When asked if he had done what prosecutor Clay Dabbs said he did, he responded, “Yes, ma’am.”

Bain pleaded guilty to a one-count information, which is a charge from the U.S. Attorney’s Office, not an indictment, which comes from a grand jury’s hearing evidence from the government.

The difference is that with an information, the person accused and his attorney have an opportunity to work out a plea agreement with prosecutors, sometimes with leniency, rather than facing the brunt of an indictment’s charges.

Bain will not be sentenced for several months until completion of a report to guide Aycock’s decision. After the hearing, he was released on bond.

Dabbs told the court that from 2011 into early 2012, Bain “repeatedly” distributed a mixture containing a Schedule III controlled substance, hydrocodone, to law enforcement officers and a lay person.

The charge at hand stated that on Jan. 15, 2012, Bain sold hydrocodone to an individual on his pharmacy business premises after hours without a prescription, caught on video. The exchange was termed “not for legitimate medical purposes.”

Bain owned a drug store on North Gloster two blocks from the Crosstown intersection, which he had sold but where he continued to work. He ceased his work when he surrendered his pharmacy license in the wake of the federal investigation.

In exchange for his guilty plea, the government agreed not to charge Bain with anything else related to the transactions.

Aycock said the government also will make a recommendation about his sentence but that she is not bound by it.

With his guilty plea, Bain loses his right to vote, to hold public office and possess firearms, among others.

About a dozen family members and friends attended the hearing.

Bain was known as one of the region’s top independent pharmacists and was elected to the Lee County School Board in November 2010.

Speculation about him rose after his sudden resignation from the post in March 2012.

patsy.brumfield@journalinc.com

  • aaron

    he won’ serve any time in jail because he’s a pillar of the community. I had 2 relatives arrested for dealing, just like him and they faced 25 to life in prison so because of who he is he is facing less. one thing not many know is he had a cop working part time in his pharmacy for a while as a second job. and this officer is not the most honest either, so there’s no telling what bain got away with. of course friends and family will come out for this scuzbag like he’s better than those who’ve been arrested for the same thing, but will serve time he’s too good for. he didn’t make a mistake, it was a conscious decision that got him caught. no telling though how many upper echelon of tupelo he dealt too as well.

  • Selfie13

    I totally agree with the first comment posted, this man knew exactly what he was doing, and was doing so much longer than what the article states. It really pisses me off that he gets off so lightly for distributing a controlled substances, and on top of that, it was more than one type of controlled substance, starting at schedule 2 (the article claims Schedule 3, but Oxycodone and similar opiates are heavily scrutinized, thus giving them a rating of Sched 2, the same as Heroine and Cocaine) and also including Schedule 3,4,5 which are basically Prozac, Valium and the similar. One other strange doing by the Daily Journal was them not reporting or running a story about this when it happened at the time, all they ran was a tiny article on bottom left of the local page, consisting of a few sentences. Anyone else and it would be front page for a couple days, but he disappeared the day after and nothing was ever mentioned of him and what happened up until now. This man did alot more than what is stated, and if it were anyone else, well, you know what would happen.

    • Sam

      Selfie, you should go back to pharmacy school. Heroin and Cocaine are Schedule I, and Prozac, which you listed as a Schedule III, is not even controlled. Also, a “heroine” is a female hero and not a drug. Please don’t present statements as facutal unless they are even remotely accurate.

      • Selfie13

        Well ok then Mr. Guest, per your advice I should go back to pharmacy school, but considering the fact I never claimed to be a Pharmacist in my original post, your advice can’t be taken into consideration. Yes I posted about scheduled drugs, just off the top of my head using what basic knowledge I had at that moment, so ok, I gave the wrong sched # for Cocaine & Heroine, but in all of this you failed to miss the point I was making. Instead u chose to reply by telling me to go back to school of pharmacology, critique my spelling, so I assume you must also be an English teacher as well, so as you may notice, Heroine is spelled the same in this post, your is not correct either. Why? Because I’m typing on a mobile phone where autocorrect takes over most of the time and does not yet have “heroin” in its dictionary. Now it would be nice if you could reply back to the very point I was making instead of getting lost in the conversation by your post.

  • Sam

    Selfie, you should go back to pharmacy school. Heroin and illegal cocaine are Schedule I, and Prozac, which you listed as a Schedule III, is not even controlled. And “heroine” is actually a female hero and not even a drug. Please don’t make statements unless they are even remotely accurate.

    • aaron

      if Prozac isn’t a controlled substance, then one wouldn’t need a prescription you idiot. it’s not pharmacy school, it’s called school of pharmacology, stupid.

      • Sam

        Wrong again, numb nut. It is called pharmacy school. Pharmacology is the study of drugs and is simply a class. The DEA assigns controlled substances and drugs. Just because a medication required a prescription does not mean that the drug is scheduled by the DEA. So, as I said before go back and learn facts before calling out someone who is much more knowledgable than you about a topic.

        • aaron

          say whatever sam dear. I would be arrested if I had Prozac and no rx. I did a bit of research, it’s called A SCHOOL OF PHARMACOLOGY. so why don’t you go kiss bain’s ass a little more. unless you are a dea agent, best to keep your mouth shut.

          • Sam

            Actually I am a pharmacist and have a doctorate of pharmacy degree. I went to pharmacy school (once again, not pharmacology) at Ole Miss. You have bad information. Don’t know where or how you do your research but I’ll make sure not to ever study from that source. I’m sorry you can’t face the fact that you are wrong. And it is laughable to think that you would get arrested for having a non controlled drug such as Prozac (fluoxetine). I win.

          • aaron

            how long will it be before you start dealing?

          • Sam

            http://www.pharmacy.olemiss.edu/
            I believe this link says SCHOOL OF PHARMACY. I don’t see your ill referenced description of Pharmacology. But I did take several called in pharmacology and made an A in each one.

          • Guest

            just because you take classes doesn’t make you a pharmacist.

          • Sam

            Ahhhh…. Brilliant point. Maybe taking the classes and graduating with a doctorate in pharmacy (Pharm.D) does make me one though…..

          • aaron

            and posting info from an unregulated site, instead of info from the pharmacy u work at….oops u don’t work at one. a site where u can order drugs without a prescription, just like jim bain did in taking just money for narcotics. I guess we’ll see u in the news when you get caught. if u like to think this is some little competition in who has the last word, I don’t care. ur just as low as bain selling drugs right in front of a cop, knowing he won’t be touched until some high society junkie turns him in.

          • Sam

            Hey moron, the site is called epocrates and is a trusted resource for physicians and pharmacists. I don’t even know what you mean by the word “unregulated.” I guess I’ll stop now because it’s obvious you can’t fix stupid.

          • aaron

            if it’s called epocrates, then why does it say goodrx.com? and you can’t fix a liar unless it’s cutting off the hands and sewing the mouth shut.

          • Sam

            Prozac is not a controlled drug. Period. Case closed.

          • aaron

            would be best if u didn’t pull that info from an unregulated site,.

          • Sam

            Huh???? Great comeback…

  • LeeCoMan

    Jim has done a lot of good things for Tupelo and the area. He has done this GOOD for years here. I understand he has committed a crime and must be punished. Many just hope 40 years of good things is considered when he is sentenced. He has some good friends here and we want ALL THINGS considered when he is sentenced– please.

    • aaron

      so if someone he sold narcotics to, was high and plowed into another car killing everyone or died of a massive overdose, would that still make him a good person? any good things were wiped out after he started selling drugs to junkies for a buck. he’s no different than the Oklahoma pharmacist who diluted cancer drugs for money, killing so many people who wanted to live.

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