Dr. William Kincaid to report to prison on July 23rd - WSLS 10 NBC in Roanoke/Lynchburg Va

Dr. William Kincaid to report to prison on July 23rd

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GREENEVILLE, TN (WJHL) -

Patsy Chandler could hardly believe her eyes.

"Oh a soccer field. He gets to go out and play ball," said Chandler.

She thumbed through over 50 pages of an orientation handbook for the Montgomery Federal Prison Camp. The prison that former Mcleod Cancer Doctor William Kincaid will be headed to by the end of the month.

"It just makes me sick to think that he's just going to go there and have a big vacation!" said Chandler

Patsy's husband was a patient of Dr. Kincaid.

"I think that's the reason my husband is in the shape now," said Chandler, "we were told 3 weeks ago Charles only has two months to live."

Now Patsy wants justice to be served, but she says Kincaid's sentence is anything but. 

"Kincaid thinks he's going down to this little country club. That's not good enough for this man," said Chandler.

In the orientation handbook, Dr. Kincaid's schedule is all laid out, including a holiday schedule complete with brunch and coffee hour. 

"This coffee hour, that stinks. He doesn't even deserve a cup of coffee," said Chandler.

Behind bars, Kincaid will have access to racquet ball courts, ball fields, TV gazebos and a recreation area.

"He's got an activity room to play cards and games, it's not going to be prison," said Chandler.

But Kincaid does have his supporters. On Facebook there was praise for the retired physician who many say did wonders.

"The sentencing he got was just totally unfair," said Dave Yates, whose mother was a patient of Dr. Kincaid's, "she lived four years and I contribute a lot of that to him."

Yates says the prison sentence is a waste.

"Use his talent and intelligence for the good. Don't take him out of it," said Yates

But for Patsy, it's about more than time served.

"They say his family has suffered enough...what about us? Once God calls them home, you can't bring them back. He'll get out in 2 years," said Chandler.

--------------------------------

July 5th 9:35 am

Former Johnson City cancer doctor William Kincaid will report to prison in less than three weeks.

The U.S. Marshals Service has set July 23rd as the day Dr. Kincaid will report to the Federal Prison Camp in Montgomery, Alabama, according to the U.S. Attorney's Office.

"Kincaid has been notified by the U.S. Marshals Service to report on July 23, 2013 to FPC Montgomery for service of his sentence," Assistant U.S. Attorney Neil Smith confirmed. 

FPC Montgomery describes itself as minimum security facility for male offenders.

A federal judge sentenced the retired McLeod Cancer and Blood Center doctor to two years behind bars last month.

Dr. Kincaid pleaded guilty to giving his patients unapproved cancer drugs late last year.

In addition to the two-year prison sentence, the judge ordered Dr. Kincaid to pay a $10,000 fine.

Federal Bureau of Prisons FPC Montgomery

---------------

McLeod Cancer and Blood Center Founder Dr. William Kincaid, still loved by many but despised by others, will spend two years in a federal prison for giving his patients unapproved cancer drugs.

Judge Ronnie Greer announced the sentence after four hours of debate inside a packed Greeneville federal courtroom Monday.

"You were not thinking about patients," Judge Greer told Dr. Kincaid before announcing his decision. "You were thinking of money."

Leading up to those words, Dr. Kincaid begged the judge for probation. Prosecutors were pushing for the maximum three-year sentence.

"A lot of people have depended on me and I let a lot of people down," Dr. Kincaid told the judge. "I have no one to blame but myself...I'm deeply sorry...I'm prepared to accept whatever consequences you see fit...If I could, there are a lot of things I would do over again."

Since Dr. Kincaid apologized and expressed remorse, Judge Greer did not sentence him to the maximum. Instead, he sentenced him to serve 24 months in either a Florida or Alabama prison, beginning in the near future.

The judge said Dr. Kincaid was greedy and clearly put money over the safety of his patients. That said, he admitted there is no evidence Kincaid ever physically harmed any of the people he treated. Still, he said the emotional pain he caused those people and their families will last forever. The judge said this sentenced needed to send a message.

"They're going to carry that emotional stress, that emotional harm for the rest of their lives," Judge Greer said.

Dannie Pate says that's exactly what he's going through. Pate attended today's hearing, seeking justice for his wife Darlene Pate. The 61 year-old former Johnson City police officer died in September 2011 after a brief battle with lung and brain cancer, Pate said.

"She was a patient of Kincaid's for 84 days," her husband said. "I lost my best friend. I think my closure will come later, but I got today I got some closure. I'm glad I was here."

In addition to his two-year prison sentence, Dr. Kincaid will have to pay a $10,000 fine and remain on supervised probation for a year after his release.

In all, 98 people, most of them Kincaid supporters, sat in the audience as the retired doctor learned the news. Some of them erupted in tears. Another dozen were forced to sit outside due to space constraints.

In all, 158 people wrote letters on the doctor's behalf. As we previously reported, those people included Congressman Phil Roe and Washington County Sheriff Ed Graybeal. Sheriff Graybeal made it a point to be at the courthouse today to see what happened to his former family physician.

After court, Dr. Kincaid remained silent. He let his attorney do the talking.

"It was my hope that Dr. Kincaid would be placed on probation," defense attorney Guy Blackwell said. "I'm disappointed in the result, but Dr. Kincaid is man enough. He'll accept responsibility and he'll do what he has to do. I was hoping for probation with maybe some community service and give him the ability to continue giving back to the community like he has, but you have to accept it and have to go on and that's what we're doing."

Blackwell reiterated there is no proof Dr. Kincaid harmed any of his patients. He argues Dr. Kincaid is a good man who has done a lot of good in his life.

"Dr. Kincaid's legacy is always going to be the good things he did and the people he helped," Blackwell said. "It's not going to be this offense that he committed. He made a mistake. He had a lapse of judgment. He's going to pay a penalty for it, but that's not going to define him going forward."

Judge Greer said at the end of the day, this case came down to fraud and theft. By buying cheaper, unapproved cancer drugs and getting fully reimbursed for them, he stole roughly $2.5 million from the State of Tennessee and U.S. Government, Judge Greer said.

According to Blackwell, the three main doctors with the McLeod Cancer and Blood Center have since worked out a restitution settlement with the U.S. government and State of Tennessee for a combined $4.4 million. Blackwell says Dr. Kincaid will pay $2.5 million or 60% of that over the next four years, while doctors Millard Lamb and Charles Famoyin will each pay 20% of that total.

The U.S. Attorney's Office says it was pleased with the end result.

"We think the sentence is certainly adequate to deter other medical professionals from administering unapproved medications from foreign sources that have not been approved by the FDA," U.S. Attorney Bill Killian said. "These not only endanger patients, but arose as a result of greed, because the costs were cheaper. It therefore resulted in the federal government paying $2.55 million for unapproved drugs, which is against federal law."

 


 

 

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