Buffalo, NY (WBEN) A Hamburg doctor is charged with petit larceny after prosecutors say he stole a dose of the COVID19 vaccine in February to give to his wife. The DA's office agrees to adjournment in contemplation of dismissal.
DA John Flynn says 74 year old Dr. Roy R. DeFrancis was volunteering at a COVID vaccine clinic in February when he took a dose to give to his wife, who was eligible at the time.
"This incident occurred during a period of time when there was a limited number of vaccines available to adults with certain qualifications. While it was improper, our investigation found that this doctor's intention was to bring home a dose of the vaccine to his wife, which potentially may have gone unused before the end of the day. Under New York State guidelines at the time of the alleged incident, his wife did qualify to receive a vaccine, but he should have gone through the proper procedure to make an appointment. Today, there is an abundance of COVID-19 vaccines available and I consented to the dismissal of this case in the interest of justice," says Flynn.
Flynn says DeFrancis was caught when he tried to set up an appointment on the second dose for his wife on a county computer. "I didn't want to be a jerk and arrest this guy, but I didn't have a choice," says Flynn. "Put your mindset back to where we were last February. People were cutting in line to get their shots, they couldn't get appointments to get their shots. Others were going to Rochester and Syracuse. It was a situation where these shots were like gold." he adds.
Flynn says he had to charge DeFrancis to set a precedent. "If I let this guy go, what happens when someone else does this a week later. Then, you're opening a Pandora's Box here," notes Flynn. The irony, notes Flynn, is doses that weren't used at that clinic were going to be thrown out.
Flynn says there's one other issue. "What's sad about this, is the doctor's wife hasn't had her second shot because technically on the books, she hasn't had her first shot yet," says Flynn. He plans on rectifying that today.
