Second brother pleads guilty to drug scam

Brothers Sam and Ben Hobbs went to the same college, the same medical school and were partners in the same optometry practice.

Now both appear to be going to the same prison.

Following his big brother’s lead, Ben Hobbs pleaded guilty Thursday morning to bilking his Clear View Eye Care patients out of narcotic painkillers that he and Sam Hobbs prescribed for them.

Initially, the brothers faced up to five years in prison. In return for their pleas, prosecutors reduced the charges against them to a single count of attempted trafficking in opiates. On Monday, Mecklenburg Superior Court Judge Carla Archie sentenced Sam Hobbs to 15 to 27 months in prison. She handed out the same punishment Thursday to Ben Hobbs, 38, who stood largely expressionless next to attorney Richard Kronk as the judge read the conditions out loud.

The Hobbses already have turned in their medical licenses and can’t apply to get them back for at least three years after the end of their post-release probations.

As part of the agreement, Archie has recommended that both doctors be sent to the state’s Dan River Work Farm in Yanceyville so they can be treated for substance-abuse problems. Defense attorneys say those addictions cost both brothers their practices, medical licenses, marriages – and now their freedom.

According to prosecutor Heidi Perlman, the brothers prescribed large amounts of narcotic painkillers for their patients at their Matthews and Steele Creek clinics, then either convinced them to donate a portion back or stole the pills and replaced them with vitamins during subsequent visits.

Sam Hobbs earlier told Archie that he has been straight since his arrest. Ben Hobbs has apparently struggled. When Archie asked him how long it has been since he used drugs or alcohol, he replied, “Last week.” And Kronk told Archie that his client had tried on at least two occasions to get treatment since his arrest but failed to complete the programs.

When Archie questioned him about his understanding of the plea agreement, Ben Hobbs appeared to struggle with some answers, speaking only after long pauses or glances at his attorney. Given the chance to speak at the end of his hearing, Ben Hobbs shook his head.

The Hobbses have followed similar paths. Both attended East Carolina University and received their optometry training at the University of Alabama at Birmingham. Two days after Sam Hobbs became a state inmate, a deputy handcuffed Ben Hobbs and led him from the courtroom.

As with his big brother, no family members or friends were in the courtroom to watch.

This story was originally published November 18, 2015 at 12:21 PM with the headline "Second brother pleads guilty to drug scam."