Felon to serve two years probation for stealing Fentanyl patches at retirement home

Kade Wilcox

REXBURG — A former Madison County man pleaded guilty Monday to burglary charges stemming from the theft of fentanyl patches from deceased patients at a Rexburg retirement home, receiving a suspended sentence and two years of probation.

Kade Wilcox, 34, now living in Indiana, appeared before Seventh District Judge Steven Boyce at the Madison County Courthouse, where he pleaded guilty to one count of felony burglary. In exchange, the state dismissed two counts of felony possession of a controlled substance.

Madison County Deputy Prosecutor Adam Garvin told the court Wilcox had taken fentanyl patches from elderly patients who had died while he was working at the facility.

"This is a case where the defendant was working at a senior facility and took fentanyl patches from those who had passed away," Garvin said. "That is a very concerning aspect of this."

Garvin noted, however, that Wilcox had little criminal history and was unlikely to reoffend. He recommended a sentence of two years determinate and two years indeterminate, suspended in favor of three years of probation.

Defense attorney Benjamin Mason asked the court to place Wilcox on probation, saying his client had taken responsibility for his actions and was committed to sobriety and treatment.

"He's been doing very well," Mason said. "He's committed to getting whatever treatment is necessary to minimize the likelihood he'll ever find himself in this type of situation again."

Mason said Wilcox has reflected deeply on the breach of trust involved in the offense.

"He's recognized and has been very open and candid about his wrong choices," Mason said. "This is the kind of thing he thinks about all of the time."

Mason also noted that Wilcox is the primary caregiver for his children while his wife works, and that the couple is expecting a third child in September.

Wilcox addressed the court briefly.

"I'm really sorry," he said. "I'm going to work my hardest to try to do better and to be a better person."

Boyce sentenced Wilcox to one year fixed and one year indeterminate, suspended in favor of two years of probation, and fined him $1,000. Wilcox must complete 30 days in jail within six months of sentencing.

Boyce also ordered Wilcox to submit a DNA sample under a new state law requiring collection within 24 hours of sentencing.

"This is the first sentencing I've done since the implementation of the law," Boyce said.

Boyce said he would not object to an interstate probation compact allowing Wilcox to serve his probation in Indiana and waived a requirement that Wilcox seek full-time employment given his role as the family's primary caregiver.

Boyce encouraged Wilcox to complete his probation successfully, noting that compliance could open the door to a withheld judgment and restoration of his rights.

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