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A sentence of five years of supervised probation plus 200 hours of community service was imposed

By Sam Lounsberry

Reporter-Herald Staff Writer

FORT COLLINS — Former Johnstown doctor and surgeon Kenneth Pettine pleaded guilty to two misdemeanor drug charges on Tuesday and was sentenced to five years of probation plus 200 hours of community service.

Pettine, 63, originally faced felony allegations that he obtained drugs fraudulently by forging other doctors’ signatures on false prescriptions.

He was arrested in June 2016 after the Denver office of the Drug Enforcement Administration opened an investigation on suspicion of prescription fraud against Pettine dating from January 2013 to spring of last year.

Pettine agreed with the Colorado Medical Board to cease practicing medicine in May 2016, documents show, and will be unable to resume practicing medicine in Colorado or any other state as part of the criminal convictions.

The official crimes Pettine pleaded guilty to were misdemeanor criminal attempt to obtain a controlled substance by fraud or deceit and misdemeanor possession of a controlled substance.

When Eighth Judicial District Judge Julie Kunce Field asked Pettine why he was pleading guilty to the amended misdemeanor counts, she inquired if it was to “take advantage of the plea agreement,” and Pettine affirmed it was.

Pettine’s five-year probation period will be supervised, and he will be disallowed from using controlled substances without a valid prescription, drinking alcohol or using marijuana, including for medical purposes. He will be subject to random drug tests.

Court documents show Pettine was originally accused of instructing employees at medical facilities to not remove expired medications so he could remove them himself instead.

Family members of the doctor were present in the courtroom for the conclusion to the highly publicized case.

Though Pettine and his attorneys agreed with the District Attorney’s Office earlier this month to vacate a trial that had previously been scheduled to start this month, Pettine’s attorney Megan Downing expressed that a trial may have benefitted her client.

“This was a long and difficult road for Dr. Pettine,” Downing said to the court. “There was reason to take this to trial. It has been extraordinary the damage accusations have caused for Dr. Pettine. The case began with witnesses who had a clear motive for getting Pettine a criminal conviction.”

Pettine is currently facing multiple civil lawsuits alleging medical malpractice that are all still open and proceeding through their respective courts, court records show.

Each of the six current suits naming Pettine as a defendant was docketed after his June arrest on a warrant alleging the felony drug charges that were downgraded to misdemeanors at Tuesday’s hearing.

“Doctors hold (a position) of trust in our community, with special privileges when it comes to handling controlled substances,” said Deputy District Attorney Robert Axmacher. “I believe we have reached an appropriate resolution. These charges indicate some breach of public trust.”

Pettine expressed gratitude his case had reached an end in a statement before Field imposed the sentence that was agreed upon by both the prosecution and Pettine and his defense counsel.

“I am so grateful today has finally arrived. This has been the most devastating, awful year for me, my lovely wife and family and friends,” Pettine said. “I am anxious to have the false charges against me dropped.”

Pettine will no longer practice medicine, but will continue to contribute to the medical field as a researcher.

Field admitted she had heard and allowed testimony from Pettine as a witness in previous, unrelated cases.

“One lapse in judgment does not make one’s reputation,” Field said. “It is troubling to see someone of your stature, knowledge and ability be brought before the court on originally felony charges, and even misdemeanors.”

Pettine said he had practiced medicine for more than 30 years. He helped found the Stem Cell Institute in Johnstown, and was also associated with the Arete Surgery Center.

An affidavit filed to the court by Johnstown police Detective Doug Slocum indicates that complaints were made by patients of the Arete Surgery Center about procedures performed by Pettine during April 2016.

Slocum also said a physician’s assistant reported Pettine instructed her to manipulate a surgery’s operative notes to reflect differently from the actual procedure he performed.

A public relations manager for Pettine, Andy Boian of Dovetail Solutions, sent a press release to members of the media following Pettine’s plea and sentencing.

“Notwithstanding the breadth of the vague, damaging and untrue allegations brought by individuals with a motive to harm Dr. Pettine, we are pleased to have secured the dismissal of the 10 felony charges in this case,” the release said. “The significant reduction of the case to two misdemeanor charges — dealing only with the use or attempted use of the non-narcotic sleep medication Ambien — should clearly signal that the case was never what it was once thought to be.”