A health aide at Greenbriar East Elementary pleaded guilty last week to one felony and two misdemeanors in connection with the theft of students’ medications. Instead of giving them to the children as she was supposed to, Jennifer Carpenter, 46, of Chantilly, kept them for herself and swapped them for other types of pills.
Originally charged with 11 crimes – and indicted on all of them in July 2022 by a Fairfax County grand jury – she’s since been getting treatment for her drug addiction. As a result, her attorney was able to make a plea agreement with the prosecution, enabling her to plead guilty to just three charges, with the rest to be dropped when she’s sentenced.
“You understand that you’re waiving your right to a jury trial?” asked Judge David Bernhard, last Monday, Feb. 6, in Circuit Court. “And do you fully understand the charges against you?” Carpenter responded yes to both questions.
During the school day, Carpenter – then employed by the county Health Department – was responsible for maintaining and administering the prescription medication kept at Greenbriar East Elementary School for several students requiring it. However, after a Health Department supervisor noticed a discrepancy in the amount of medication at the Chantilly school, police were notified. And on May 27, 2022, detectives with the Criminal Investigations Division began investigating.
“Detectives determined Carpenter was falsifying documentation on medication she gave students,” said police. “They believe she was dispensing sugar placebo pills and/or over-the-counter medicine in place of the prescribed narcotics. Detectives believe Carpenter was keeping the scheduled narcotics, for personal use.”
Some of these medications were narcotics – including Ritalin, Adderall, and Focalin – all commonly used to treat ADHD (attention-deficit/hyperactivity disorder). But because these drugs were diverted by Carpenter, the students were deprived of their medication aimed at improving their attention in class.
During the investigation, detectives identified seven students whose medicine was being abused. In court last week, Carpenter entered guilty pleas to felony possession of a controlled substance (Ritalin), as well as to the misdemeanor charges of contributing to the delinquency of a minor, plus unlawful dispensing of a different drug in place of a prescribed drug, without the permission of the person prescribing it.
Via further questioning of the defendant, Bernhard made sure Carpenter realized that, by pleading guilty, she could receive as much as 10 years in prison for the felony and another year or more for the misdemeanors, for a total of a possible 11 years behind bars. “And do you understand that I can run these sentences concurrently or consecutively?” he asked. “And that you’re giving up your right to appeal?” Again, she replied affirmatively both times.
Bernhard also told Carpenter that he could impose an additional term of six months to three years’ probation. He then asked Assistant Commonwealth’s Attorney Meredith Ralls if any agreement had been reached regarding possible restitution, She said the Commonwealth may ask for restitution at sentencing, but there was currently no agreement in that regard.
Defense attorney Bret Lee told the judge the state sentencing guidelines in this case recommend probation with no incarceration. However, Bernhard ensured that Carpenter knew those guidelines are discretionary and he could depart from them and give her a more severe punishment – yet she wouldn’t be able to withdraw her guilty pleas because of it.
Bernhard asked her if she was entering her pleas “freely and voluntarily,” and Carpenter said she was. Ralls then presented details of the case against her, telling the judge that, from Jan. 2 through May 27, 2022, “The defendant engaged in replacing seven students’ medications – including Ritalin and Adderall – with over-the-counter ones, such as antihistamines and Claritin.”
Bernhard asked if any of the children sustained any lasting effects because of it. “Several students’ treatment for behavioral problems was delayed and went untreated for months,” replied Ralls. “For most of the students, the problems were ameliorated when the medications were resumed. But one parent said her child still has educational delays.” The judge also asked the children’s ages, and Ralls said they were 7 or 8 years old.
He wondered, as well, why these drugs weren’t required to be in the possession of a nurse, rather than a health aide. “As a health aide, she was allowed to possess them, I believe, under the supervision of the school nurse,” said Ralls.
Bernhard said he was surprised by that, adding, “It seems like a recipe for future problems.”
However, Lee told him that, since this incident, “There’s been a school-system policy change regarding the dispensing of medications.” He further advised the judge that “some mitigating evidence” would be presented at Carpenter’s sentencing. “She’s been receiving treatment and is in the Intensive Outpatient Program,” said Lee. “She’s been treated by the [Fairfax-Falls Church] Community Services Board for substance-abuse issues. She’s done well and is staying clean and sober. And she’s no longer working in education.”
Although Carpenter had been employed by FCPS since October 2015, Ralls said it appears she made no transgressions until 2022. And Lee said the police investigation confirmed it.
Bernhard then officially accepted Carpenter’s pleas and found her guilty of those three offenses. He ordered a pre-sentencing report on her be made and set sentencing for May 5.
“You wouldn’t want to inflict this on your own children, so you shouldn’t have done this to other people’s children,” he told Carpenter. “But you’re doing what you’re supposed to do now, regarding treatment. Keep up the good work.”