Case 1:16-cr-00226-KD Document 1 Filed 10/21/16 Page 1 of 1

ss6

ALSD Local 9l (Rev 7/13) Cnminal Complainl

[JNrreo Srarps DIsrzucr CoURT

f'or the

Southern District of Alabama

United States of America

)
)
)
)
)
)

RICHARD SNELLGROVE

b-rq-1

Case No.

)
Delendanr(s)

CRIMINAL COMPLAINT
I, the complainant in this case, state that the following is true to the best of my knowledge and belief.
On or about the date(s)

Southern

of

October 2010 to

District of

AugW!1!_.?!16

Alabama

, the defendant(s)

Baldwin

of

in the

violated:

Offense De.scription

Code Section

21 U.S.C. Section 8a1(aX1)

in the county

Distribute, or dispense, a controlled substance for no legitimate medical need

outside the usual course of professional practice.

This criminal complaint is based on these facts:

See attached affidavit, incorpated herein be reference.

Continued on the attached sheet.

Complai nant's

si

gnoture

Michael Burt DEA SpecialAgent

Printed name and litle

Sworn to before me and attestation acknowledged pursuant to

Date:

lCP 4. I (b)(2)

hr.\

1:0tzl.

Judge's sgnalure

City and state

Mobile, Alabama

U.S

SEALED

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IN TIIE UNITED STATES DISTRICT COTJRT

OF'ALABAMA
SOUTHERN DIVISION

F'OR THE SOUTHERN DISTRICT

TINDER SEAL

AF'FIDAVIT IN SUPPORT OF A CRIMINAL COMPLAINT

I, Michael Burt, being first duly sworn, hereby depose and state as follows:
INTRoDUcTIoN

1.

am a Special Agent with the Drug Enforcement Administration (DEA), and have

been so employed since March 21,

2004. During this time I have investigated multiple

pharmaceutical drug diversion investigations

to include a variety of "pill-mills"

clinics,

pharmaceutical distributors as wells as comrpt pharmacists. ln addition, the affiant has initiated
complex conspiracy investigations involving physicians, nurse practitioners, and pharmaceutical

distributors. The affiant has received training conceming whit+-colla offenses, including money
laundering, wire fraud, mail fraud, and drug identification. This affidavit is intended to merely
show that there is sufficient probable cause for the requested warrants and does not set forth all

of

my knowledge about this matter.

IxrnooucrroN

2.

To

Rglnvtr,lr fNorytnur,s

Richard Snellgrove, M.D.: Dr. Snellgrove is an Alabamaphysician who practices

intemal medicine at two locations in Baldwin County

at32l

Eastern Shore Internal Medicine located

Greeno Road, Suite C, in Fairhope, Alabama and Eastem Shore Internal Medicine located

at 6475 Spanish Fort Boulevad, Suite G, in Spanish Fort, Alabama.

3.

Matthew Roberts: Prior to his untimely death on August 20, 2016, Matthew

Roberts (herein after

"Matthed)

was a 38-year old resident of Spanish Fort, Alabama. Matthew

was best known for formerly being the lead guitarist in the American rock band "3 Doors Down."

Matthew had been one of Snellgrove's patients since at least 2004. Matthew received numerous
prescriptions for a variety of opioids from Dr. Snellgrove, including fentanyl (Schedule II);

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oxymorphone (Schedule II); oxycodone; and hydrocodone (Schedule II), as well as presmiptions

for several different benzodiazepines (Schedule IV).

4.

.:

. (herein after "

of MatthewRoberts, He was not one of Dr. Snellgrove'

prescriptions ostensibly for

5.

.")

patients. However, Dr. Snellgrove wrote

., which were then picked up by Matthew Roberts.

.:

is

, @ereinafter

Matthew Roberts. He began seeing Dr. Snellgrove as a patient 1n2006, but quit seeing

him after only one year.

a

was aware that on at least one occasion Dr. Snellgrove wrote

prescription for a Controlled Substance for Matthew in

6.

and Matthew lived together in Spanish Fort at the time of Matthew's

began seeing Dr. Snellgrove as

death.

(herein after

':

of Matthew Roberts.

name.

patient in or about February 20

that Dr. Snellgrove had written at least one prescription for Matthew in

6,

was aware

name.

PnonnnlB C,usr

7.

Based on the evidence

I will

set out below,

it is this affrant's belief

that there is

probable cause to believe Dr. Snellgrove prescribed Controlled Substances to Matthew Roberts

for no legitimate medical purposes and outside the usual course of professional practice, in
violation of Title 2I,United States Code, Section 8a1(a)(1).

A. Notable Events on Wednesday, Augustl7r20l6

8.

The final series of events that directly lead to Matthew's death on August 20,2016

began on the evening of Wednesday, August L7,2016. Between 1:43 pm and 1:50 pm, Matthew
and Dr. Snellgrove exchanged the following text messages:

Matthew:

Hey doc, I'm having the honor of plying a show for the Air Force in
Milwaukee on Saturday night ndfly out on Friday qm. Is it okfor me to
visit you Jrst thing in the am around 7:30ish or would you rather me come
in late in the evenng in lSpanish Fortf? I heard your ffice n [spanish
Fortf turned out really nice btw.
2

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Snellgrove:

Come to lSpanish Fortf and see,

Matthew:

Cool would love

Snellgrove:

6:30

Matthew:

Golden! Thanks doc.l

to. Wat time suits you best?

B. Notable Events on Thursday, August

g.
in

18' 2016

On Thursday, August 18,2016, Matthew Roberts went to Dr. Snellgrove's clinic

Spanish Fort and received two prescriptions. The

transdermal fentanyl patches.2 This prescription was

at a time for 72

hours. The second

first was for a 30-day supply of 50mcg

for

10 patches

was for a 30-day supply

of

with instructions to wear one

101325 mg Norco

pills.3 This

prescription was for 75 tablets with instructions to take 2.5 tablets daily as needed.

10.

After receiving these two prescriptions, Matthew went to the Rite Aid Pharmacy,

located directly across the street from Dr. Snellgrove's Spanish Fort clinic.
I

1.

In a statement made by Rite Aid Pharmacist Erica Mitchell during the investigation

after Matthew's death, Mitchell recalled Matthew coming into the Rite Aid on the evening of

August 18,2016 to filt two prescriptions from Dr. Snellgrove. Mitchell was able to hll the
prescription for the 75 Norco pills. However, Mitchell told Matthew that Rite Aid did not currently
have 10 fentanyl patches in the 50mcg strength. Matthew asked Mitchetl if they had the 75mcg in

stock, and stated he could go back across the street to Dr. Snellgrove's clinic and get a new
prescription. Then, while still in Mitchell's presence, Matthew called someone believed to be Dr.

This final response om Matthew Roberts was sent at 2:56 pm on Thursday, August 18, 2016'

Fentanyl, a Schedule II Controlled Substance, is an extremely potent synthetic opioid. It is approximately

50-100 times more potent than morphine. In patch form, fentanyl is designed to be absorbed through the skin at a
steady rate. Fentanyl patches are typically used to treat patients with severe chronic pain or malignant cancer pain.

Norco is a brand name drug containing hydrocodone, a Schedule II Controlled Substance.

3

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Snellgrove. Mitchell did have the 75mcg strength in stock. However, she was very wary about
this prescription increase, so she lied and told Matthew she did not have T1mcgpatches either.

12.

Approximately 25 minutes after filling his Norco prescription in Spanish Fort,

Matthew entered the CVS Pharmacy in Daphne, which is located 3.7 miles south of the Rite Aid.
This time, instead of presenting the pharmacist with a prescription for 10 fentanyl patches at the
50mcg strength, Matthew had a prescription signed by Dr. Snellgrove for 10 fentanyl patches at

the 75mcg strenglh. CVS had this product in stock, and Matthew's 75mcg fentanyl patch
prescription was filled-

13.

The timeline of events swrounding the filling of these two prescriptions is

important:

a,

August 18, 2016 - 6:30 pm: The time Dr. Snellgrove told Matthew to meet him
at the Spanish Fort clinic during their text messages the previous night.
7:17 pm: Toll records show that Matthew made a phone call
phone
from his cell
to Dr. Snellgrove's cell phone. The duration of the call was
l:53. It is believed that this was the call from the Spanish Fort Rite Aid made in

b. August l8r 20t6 -

Mtchell's presence.

c.

August 18,2016 - 7z25pmz Matthew's medical file obtained during the execution
of the October 12, 2016 search warrant shows that Dr. Snellgrove printed out a
prescription for 75mcg fentanyl patches for Matthew Roberts.

d.

August 18, 2016 -7:31pm: A time-stamped receipt shows that Matthew paid for
his Norco prescription at Rite Aid Pharmacy in Spanish Fort.

e.

August l8r 2016 - 7243 pm: Toll records show that Matthew made a phone call
to Dr. Snellgrove's cell phone, The duration of the call was 3:34.

f.

August 18,2016 - 7:53 pm: A time stamp on the back of the prescription shows
that Matthew frlled a prescription for l0 fentanyl patches at the 75mcg strength
from the CVS Pharmacy in Daphne, Alabama.

14.

According to the website for Eastem Shore Internal Medicine, the Spanish Fort

clinic closes at7:00 pm on Thursdays. Based on the timeline above, it appears Matthew called

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Dr. Snellgrove and received a new prescription for the 75mcg fentanyl patches after normal
business hours.

15.
house

drove from his

Also occurring on August 18, 2016, Matthew's

in Mississippi to Matthew's house in Spanish Fort. The two planned to fly together to

Milwaukee for a benefit concert the followingday.

C. Notable Events on Friday, August 19,2016

16.

On August 19,2016, Matthew and

to Pensacola Regional

drove from Spanish Fort, Alabama

Airport to fly up to Milwaukee, Wisconsin. The purpose of the trip was for

Matthew to be a celebrity guest playing guitar with a local Wisconsin rock band called

"NIX"

during a veteran's benefits concert to be held on Saturday, August 20,20L6 in Milwaukee,

17.

When Matthew and

arrived in Milwaukee, they were met at the airport

by one of the NIX band members. They were then driven to the residence of Nichola.s Pari, the

MX

band leader, in West Bend, Wisconsin. Matthew and

and then Matttrew practiced with

18.

. ate dinner at Pari's house,

NIX in preparation for the concert the following day.

The individuals at Pari's house on August 19,2016 were interviewed following

Matthew's death. Their statements about his actions at the house are all fairly consistent- Several
people noted that Matthew seemed very tired, somewhat off, confused, and had a slightly slurred

speech. However, no one reported seeing Matthew ingest any drugs or alcohol at Pari's house.

D. Notable Events on Saturday, August 20,2016

19.

Shortly after 1:00 am on Saturday, August 20, 2016, the band members quit

practicing for the night. One of the band members drove Matthew and
Inn hotel in West Bend, Wisconsin.

to the Hampton

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20.

In an interview following Matthew's

death,

demeanor got noticeably worse when they arrived at the

hotel.

. noted that Matthew's

. believed Matthew was

intoxicated or high at this time.

21.

Surveillance footage show Matthew and

checking into the hotel and

being given adjoining rooms, 403 and 405, at approxmately 1:30 am. Matthew and
can then be seen purchasing some snacks in the hotel

lobby. Thereafter, they can be seen getting

into the elevator.

22.

According to

when they arrived at their adjoining rooms, Matthew's

did not. Matthew offered to go back down to the

electronic key card worked, but

lobby and get

23.

a new key card.

Surveillance footage in the lobby shows Matthew emerge from the elevator and go

back to the front desk at approximately 1:40 am. According to hotel employee Leslie Bersch, who
was working at the font desk at the time, Matthew appeared disoriented and said,

"I'm

sorry,

I'm

delirious." Matthew asked her if he was going the right way, and she directed him to the elevators.

24.

According to

. entered room

., Matthew crme back up with the new key card and

403. He then opened the door between his room and Matthew's room in

needed him during the

case

25,

night.

He then immediately went to sleep.

At approximately 6:55 am, a hotel guest notified Bersch that someone was sleeping

in the hallway outside of room

405.

Bersch went to investigate and found Matthew lying outside

his room. Believing that he might be dead, Bersch called West Bend Police.

26.

At approximately 7:28 am, West Bend Police Officer Justin Cumley was dispatched

to the Hampton krn to investigate a possible suspicious death. When he anived, he observed an

individual later identified as Matthew Roberts lying in the hallway in front of the partially ajar
door to room

405. A black

backpack and a guitar case lay in the hall next to Matthew.

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27.

Offrcer Cumley observed Matthew's right hand in his right pants pocket,

a pale and

yellowish tone to his skin, ad a some liquid discharge on Matthew's mouth and on the floor
beneath his mouth.a Officer Cumley did not observe Matthew breathing, and believed that he had
been dead for several hours.

28.

short time later, West Bend Fire

&

Rescue Paramedics arrived on the scene.

Leads were hooked up to Matthew, but no vital signs were present. A white sheet was placed over

Matthew's body, and baggage carts were placed in the hallway to block the scene from other guests

in the hotel.

29.

Guests staying

in rooms on the hall were interviewed, but no one heard or

saw

anfhing suspicious-

30.

At approximately 8:00 am, Matthew was declared dead by Chief Deputy Medical

Examiner Craig Garbisch. Thereafter, Garbisch and West Bend Police Officer Eric Grinwald
began to examine the

body. Matthew's right hand

ws

removed from his right pocket. Still in his

hand was an iPhone 6 plus, which was placed into evidence. A wallet was also removed, which is

how he was officially identified as Matthew Roberts. Olcer Grinwald noticed, and photographed,

a75mcg fentanyl patch on Matthew's right side, as well as the adhesive that appeared to be the
remnants of another patch on Matthew's back.

3l.

While the body was being examined, Investigator Chad Koehler searched the black

backpack lying in the hall next to

Matthew Two prescription pill bottles were located in the main

pouch ofthe backpack.

Based on training and experience, this Affiant knows that a foamy liquid coming from the mouth of the
deceased is a common sign associated with an opiate-induced overdose death. This diwharge, frequently referred to
as

the "foam cone" was also observed by Officer Eric Grinwald who conducted the body examination.

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32.

The label on the first pill bottle indicated that

it

was a prescription for 75

hydrocodone/acetaminophen pillss prescribed to Matthew Roberts and hlled on August 18, 2016.

This pill bottle contained 61 full pills and 3 pieces of the same pills.

33.

The label on the second pill bottle indicated that

hydrocodone/acetaminophen pills presibed to

\ryere seven

it

was a prescription for

and filled on July 11, 2016. There

pills in this bottle. However, the pitls were determined to not be hydrocodone/

acetaminophen as listed on the label, but rather alprazolam2.0mg.6

34.

During the course of the examination of Matthew's body, it became known to the

was still sleeping in room 403 just feet from where the

investigators that

investigation rwas occurring. He was not awae of

death. Thus, at 8:50 am, Detective

Goehring undertook the difficult task of breaking the news to

35,

When told of Matthew's death,

had a prescription

pill addiction

. told Detective Goehring that Matthew

and that he had been struggling with

it for seveal years.

. told Detective Goehring that Matthew had been getting the prescription

Snellgrove in Alabama.

pills from Dr. Richard

also indicated that he had had conversations in the past about

Matthew's abuse of the pills, and had even voiced these concerns directly to Dr. Snellgrove,

36.

Based on information provided by

., Detective Goehring called

. admitted knowing that Matthew had recently started getting

fentan-vl prescriptions in addition to his other prescription medication.

know who was prescribing fentanyl to Mahew.

5
Schedule

l,

. also stated that

. claimed to not
was getting

This affiant knows that hydrocodone/acecaminophen pills are sold under the brand name Norco. This is a
II Controlled Substance.
This affiant knows thatalprazolam is a benzodiazepine sold under the brand name Xanax. Alprazolam 2.0mg
ofthis particular drug. It is a Schedule [V Contolled Substance.

is the highest strength

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prescriptions for hydrocodone and Xana< from Dr. Snellgrove. This information was confrmed
during a subsequent phone call.

by

37.

Investigators intewiewed the NIX band members and others who were at Nicholas

Pari's house the night before. As noted above, all accounts were generally the same, Matthew
exhibited some signs of possibly being under the influence, but no one sa'w him ingest any drug or
alcohol while at the Pari residence.

38.
the interview,

was formally interviewed by Officer Grnwald. During

That aftemoon,

was clearly upset and was crying.

he knew exactly what happened to

, told Offrcer Grinwald that

Matthew. When Officer Grinwald asked what that was,

. told him, "Matthew overdosed on his medication."

been addicted to prescription medication

for

several

explained that Matthew had

years. He said Matthew

attended a

rehabilitation ptogram in Arizona to get off prescription medication, but that he later relapsed.

told Oflicer Grinwald he believed Mattherv must have put on a fentaayl patch while
they were in the car driving from the Pari residence to the hotel. While he did not see this,
. said that

was "a lot worse" when they arrived at the hotel, and that he appeared to be

under the influence of his medication.

39.

During the course of the interview with Officer Grinwald,

"If

, anest his doctor."

you want to arrest the drug dealer who killed

E.

. stated,

Subsequent Wisconsin-led Investigation into Matthew's Death

40.

On August 21,2016, an autopsy was performed by Associate Wauskesha County

Medical Examiner Dr. Amy Sheil, and witnessed by West Bend Police Officer Timothy McCanhy.

41.

During the external examination, a 75mcg fentanyl patch was discovered on

Matthew's right side. The patch was removed by Dr. Sheil and placed into evidence. The external
examination also revealed the remnants of adhesive on Matthew's left side. The shape and size

of

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the adhesive markings were consistent with having come from another fentanyl patch. There were

no signs of trauma or injury discovered during the extemal examine.

42.

The internal exam revealed no conditions that would account for Matthew's death.

Dr. Sheil did note that his lungs were heavy and contained fluid, which is consistent with death
caused by an opiate overdose.

43.

The preliminary toxicology report revealed the presence of opiates, oxycodone,

THC, and beruodiazepines in Matthew's system. Blood was drawn and sent to a laboratory for a

full toxicology examination.

44.
cause of death

45.

At the conclusion of the autopsy, Dr. Sheil advised that she could not determine the

until she reviewed the results of the full toxicology report.

On August 23, 2016, Offrcer Grinwald contacted Washington County Medical

Examiner Dr. Robert Schafer. Dr. Schafer told Officer Grinwald that he contacted Dr. Snellgrove
as part

of the investigation into Matthew's death. According to Dr.

Schaefer,

Dr. Snellgrove

indicated that he was prescribing fentanyl to Matthew for arthritis in his playing hand that caused
him chonic pain. Dr. Snellgrove allegedly told Dr. Schaferthat Matthew had just begun recording
a

new album the previous month and that he was prescribing Matthew fentanyl patches just until

the recording was finished.

46.

On

September

28, 2016, Dr. Christopher Long at the St. Louis University

Toxicology Laboratory issued his full toxicology report. This report was provided to Associate
Medical Examiner Amy Sheil who ruled the cause of death tobe"Multiple medication intoxicton
(fentanyl, hydr o co do ne and alpr azol am)."

l0

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F.

DEA Investigation into Matthew's Death

47.

In late August 2016, the case for possible criminal prosecution in the

death

of

Matthew Roberts was turned over to DEA in Milwaukee. Since Dr. Snellgrove is located in the
Southern District of Alabam4 the case was referred to DEA in Mobile.

48.

As part of the DEA investigation in Mobile, the original prescriptions were pulled

from Rite Aid and CVS, toll records were obtained, the contents of Matthew's cell phone were
analyzed, and interviews were conducted with
and Rite

Aid Pharmacist Erica Mitchell.

Inerview Excerpts: Darrell Roberts, Sr.

49.

In addition to information provided to investigators in Wisconsin,

provided the following information during the DEA interview:

50.

. described Dr. Snellgrove as a "celebrity junkie," and said that Matthew

referredto Dr. Snellgrove

as

"Snelly."

. described their relationship as

"tight" and stated

that Matthew had appointments with Dr. Snellgrove "afler hours."

51.

. explained that he knew Matthew had 'roblems with pills," and recalled

an incident in2003 when Matthew

had to hold him

he was going through withdrawals.

like a baby throughout the night while

said he became painfully aware of Matthew's

problem during the 3 Doors Down 2012 European Tour during which

. accompanied

Matthew. After the tour, the band broke up and Matthew went to rehab in Tucson, Arizona.

52.

. also recounted an instance

in20l2 when Matthew "fell out" and had to

be taken to the Emergency Room at Thomas Hospital in Fairhope, Alabama. When

arrived, he claims to have told the attending physician to "call the drug dealer giving him
prescriptions" (referring to Dr. Snellgove).

53.
Snellgrove to

During the DEA interview,

. provided two voicemails from Dr.

after he learned of Matthew's death. In the first voicemail left on August

11

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20,2016, Dr. Snellgrove said, in part, "I saw him Thursday and he was doing great . . .
weaned him down some off some of his medicines lately . . .

l/'e even

. I'm just in shock"T [n the second

voicemail left on August 23,2076, Dr. Snellgrove inquired about attending Matthew's funeral.
During this voicemail, he stated, in part, "Mqtthew was just not only

too....

Icanseehow mypresencemighlpresentaproblerrr....

patient. . . he was a friend

Ijustdon'tknow.... Ireally

don't."

54.

During

10mg pills and a prescription

Snellgrove

was shown a prescriptionfor 75 Norco

a separate interview,

in

for 30 doses of Ativan.s Both prescriptions were written by Dr.

name on August 13, 2015.

. denied ever getting these

prescriptions from Dr. Snellgrove. When shown the receipt from when these prescriptions were

filled,

, identified the signature on the receipt as belonging to Matthew.

Interview Excerptsr

55.

In addition to information provided to investigators in Wisconsin,

provided the following information during the DEA interview:

56.

. admitted that he saw Dr. Snellgrove as a patient in2006, but that this

lasted approximately one year, because he did not "mesh" with Dr. Snellgrove. During an offrce

visit though,

recalled confronting Snellgrove about Matthew's drug problem and asked

Dr. Snellgrove not to give Matthew any more drugs.

7
A review of Matthew's PDMP report does not indicate that Dr. Snellgrove was weaning him off his
prescriptions. Rather, Dr. Snelgrove appears to have writen a second prescription for 75mcg fentanyl patches after
Matthew was unable to get the prescription for the 50mcg fentanyl patches filled.
Ativan is the brand name of the benzodiazepine lorazepam. It is a Schedule IV Confrolled Substance.
L2

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57.

- said he believed that Dr. Snellgrove was writing prescriptions for

that were meant for Matthew.

Lortabe and Xanax for

. believed this was

done because Dr. Snellgrove could not prescribe Xanax and fentanyl in combination to Matthew.

58.

. recounted a time when Matthew called him while on tour and said that

someone had stolen

his prescription medications and that he was going through withdrawal.

. to go to Dr. Snellgrove to get a prescription for methadone, to

Matthew directed
and then overnight the

pills to him.

fill it,

claimed that Dr. Snellgrove was nervous about

prescribing methadonel0 to

. lorowing it was going to Matthew, but that he did it because

Matthew'as in a bind."

. claimed he received a prescription in his name for 240 pills

of methadone lOmg, which he filled at the Walgreens in Daphne, Alabam4 and subsequently sent
via FedEx to the hotel where Matthew was s0aying on

tour.

. says he remembers this

particular incident very well, because other doctors who have run his PDMP report since then have
questioned

. on why he received a single large prescription for methadone.ll

Interview Excerpts:

59.

In addition to information provided to investigators in Wisconsin,

provided

the following information during the DEA interview:

60.

explained that he had lived with Matthew ftom20l0/2011 until his death,

and that he was aware of Matthew's addiction and struggles with prescription pills.

61,

began seeing Dr. Snellgrove approximately six months before Matthew's

death. He claimed to be receiving prescriptions for Lortab, Xanax, and weight loss pills.

Lortab is another brand name hydrocodone pill like Norco. It is a Schedule Il Controlled Substance.

r0

Methadone is a Schedule

II Controlled

Substance. It can be used for addiction treatment, but it is also a drug

frequently sought after and abused by addicts.

A check of Darrell, Jr.'s PDMP report shows exactly what he stated. Danell, Jr. received a prescripfion for
240 methadone l0mg pills from Dr. Snellgove on October 24,2017, and the PDMP shows that the prescription was
filled that same day at the Walgreens in Daphne.

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62.

claimed that at some point, Matthew called him to ask if Dr. Snellgrove could

write a prescription for fentanyl rurder

cover

it.

name, because Matthew's insurance would not

indicates that Dr. Snellgrove wrote

The PDMP report for

l0 fentanyl patches at the 75mcg

sftength on March 24, 2016.

a prescription

denied ever seeing this

prescription. However, the signature sheet at the pharmacy indicates that either
this prescription, or the person who picked it up signed

63.

for

s picked up

name.

was then questioned about a second prescription from Dr. Snellgrove to

for 10 fentanyl patches at the 50mcg strength on April 18,2016.

s claimed that while he had

given Matthew permission to get the first fentanyl prescription under

name, he had not

done so for this second prescription. He claimed Matthew and Dr. Snellgrove must have "slipped

it in."l2

64.

explained that approximately a month before his death, Matthew had asked

to apply an antibiotic to what

told Matthew it looked very bad. He took

described as "tape burns" on Matthew's

a

back.

picture of the wound and later sent it to Matthew while

Matthew was at Dr. Snellgrove's offrce. During the course of the interview,

deduced that

the 'tape bums" were likely caused by the adhesive on the fentanyl patches.

G. Search and Subsequent Investigation

65.

On September 30, 2016, U.S. Magistrate Judge Katherine Nelson issued search

warrants for Dr, Snellgrove's two

clinics. DEA

was authorized to seize medical files and records

pertaining to Matthew Roberts,

66.

On October 12,2016, the search warrants were executed at both clinic locations,

Medical records were obtained for Matthew Roberts and

12

Text messages between Matthew and

There were no records

on these dates corroborate that he was getting fentnyl patches

in his name from Snellgrove for Matthew. However, the texts also appear to show that
fentanyl patch prescription as well.

l4

knew about this second

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pertaining to

., and office staff interviewed during the search confimred that

was not a

patient, Thee were no records found for

staff said this was because

. either. Office

had not been a patient in over ten years, and therefore the

records had been destroyed.

67.

Following the searches, the medical records for Matthew Roberts were compared

to his PDMP report. Between January 2015 and the date of his death on August 18, 2016, there
were

3l diflerent

dates on which Dr. Snellgrove prescribed a Controlled Substance to Matthew

without any office visit noted in the records. Billing records obtained from Blue Cross & Blue
Shield of Alabama corroborate that on the dates

in

2016 when prescriptions

for Controlled

Substances were written without there being an office visit, no office visit was billed to insurance.

Vrol,lrrols

68.

Based on the foregoing, I respectfully submit that there is probable cause to believe

that beginning at a date wknown, but no later than October 2010, and continuing through August

18,2016, Dr. Snellgrove prescribed Controlled Substances not for a legitimate medical purpose
and outside the usual course of professional practice, in violation of Title 21, United States Code,

Section 8a1(a)(l). Specific violations during this time frame include, but are not limited to, the

following:

69.

On or about October 24,2011, Dr. Snellgrove wrote a prescription lor 240

Methadone 1Omg tablets in the name of Darrell Roberts, Jr. with the knowledge and intent that the
Methadone be used by Matthew Roberts. This prescription was written outside the usual course

of professional practice and not for a legitimate medical need.

70.

On or about August 13, 2015, Dr. Snellgrove wrote a prescription for 75 Norco

10mg tablets in the name of

. with the knowledge and intent that the Norco be

used by Matthew Roberts. This prescription was written outside the usual course of professional

practice and not for a legitimate medical need.

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71.

On or about August 13, 2015, Dr. Snellgrove wrote a prescription for 30 Ativan

lmg tablets in the name of

. with the knowledge and intent that the Ativan be

used by Matthew Roberts. This prescription was

witten outside the usual course of professional

practice and not for a legitimate medical need.

72.
patches

On or about March24,2016, Dr. Snellgrove wrote a prescription for

Tlmcghr in the name of

l0

Fentanyl

with the knowledge and intent that the Fentanyl be

used by Matthew Roberts. This prescription was written outside the usual course of professional

practice and not for a legitimate medical need.

73.

On or about April 18,2OL6, Dr. Snellgrove wrote a prescription for 10 Fentanyl

patches 50mcg/hr in the name of

with the knowledge and intent that the Fentanyl be

used by Matthew Roberts. This prescription was written outside the usual course of professional

practice and not for a legitimate medical need.

74.

On or about August 18,2016, Dr. Snellgrove wrote aprescription for 75 Norco

lOmg tablets in the name of Matthew Roberts. This prescription was written outside the usual
course of professional practice, not for a legitimate medical need, and was a contributing factor in
the death of Matthew Roberts.

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75

On or about August I 8, 201 6, Dr. Snellgrove wrote a prescription for I 0 Fentanyl

patches Tmcglbr in the name of Matthew Roberts. This prescription was written outside the
usual course of professional practice, not for a legitimate medical need, and was a contributing
factor in the death of Matthew Roberts.

76.

The above intbrmation is true and correct to the best of my knowleclge'

Respectfully submitted,

,M,{,,.0 tt

Michael H. Burt, Special Agent

Drug Enforcement Administration
Mobile Alabama Resident Ofhce

TFIE ABOVE AGENT HAD ATTESTED

TO THIS AFFIDAVIT PURSUA

FED,R, CRIM.P.4, I (bX2XB) rHI
DAY OF OCTOBER,2016,

\(
Honorable
United States Magistrate
Southern District of Alabama

W,MlLr^,rSF,.

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