SALT LAKE CITY — A federal jury found a Brigham City doctor guilty Thursday of illegally prescribing painkillers that resulted in the death of a Utah scientist.
Dewey C. Mackay, 64, was convicted of a total of 40 out of 86 charges related to running a massive pill operation.
The convictions include two charges of distributing a controlled substance leading to the 2006 death of David Leslie Wirick, 55, of Ogden, who was working as a rocket scientist.
The other convictions were for three counts of using a communication facility to commit a drug offense and 35 counts of distribution of a controlled substance. But he was not convicted on 46 counts of distribution of a controlled substance.
Mackay faces a possible prison sentence of 35 years for the two charges related to Wirick’s death, with one of the charges carrying a mandatory minimum sentence of 20 years because he prescribed oxycodone. Sentencing is set for Oct. 23.
Prosecutors in U.S. District Court in Salt Lake City argued during the trial he turned from doctor to drug dealer after he no longer could work as an orthopedic surgeon because of health issues.
U.S. District Attorney Carlie Christensen said Mackay was seeing as many as 120 patients a day, but many of those were simply given prescription refills without being evaluated.
State records show MacKay issued more than 37,700 prescriptions for hydrocodone and oxycodone between June 2005 and October 2009, totaling more than 3.5 million pills.
Following the verdict, Christensen said they were pleased because it was “clear that the narcotics were not being prescribed for a medical purpose.”
Defense lawyers didn’t comment following the verdict. During the trial, Peter Stirba said MacKay tried to ease the chronic pain of his patients, many of whom are now being treated by other doctors with similar regimens.
Stirba told jurors during closing arguments Mackay might have kept sloppy records, but he didn’t commit any criminal acts.
All but two of the patients who testified were in chronic pain when they went to see MacKay, Stirba told jurors. The others, he said, were undercover operatives who lied, including one trying to avoid a lengthy prison sentence.
Defense attorneys also contended that Wirick died of pneumonia, and there were not toxic levels of hydrocodone or oxycodone in his system. Prosecutors, however, claimed Wirick died from heart problems and swelling of the brain caused by the drugs.
AP writer Lynn DeBruin in Salt Lake City contributed to this report.
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