Appellate court reverses decision involving Boardman pharmacist

YOUNGSTOWN — A three-judge panel of the 7th District Court of Appeals unanimously ruled that Judge Lou A. D’Apolito erred when he dismissed a 24-count indictment charging Gary Evankovich, a pharmacist, with illegal sale of dangerous drugs.

In doing so, the panel returned the case to Judge D’Apolito for trial.

Evankovich, 54, of Boardman, an owner of North Lima and Bel-Park pharmacies, was charged in an alleged long-distance Internet prescription scheme, with the alleged offenses having occurred in 2005 and 2006.

Judge D’Apolito of Mahoning County Common Pleas Court dismissed the indictment on the grounds that the law under which Evankovich was charged specifically states that it does not apply to state-licensed pharmacists.

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