ST. CHARLES TOWNSHIP – Ex-pharmacist Mark Burger, 43, of Elburn was sentenced to 60 days in Kane County Jail Thursday in connection with his guilty plea for illegal possession 700 methadone pills at his house.
Kane County Associate Court Judge Judge Allen Anderson also sentenced Burger to 30 months probation, 150 hours of community service and pay $30,000 in fines. Gallagher also ordered that during his probation that Burger continue attending meetings to deal with his drug addiction, be subject to random drug tests and that he find a full-time job.
Burger is eligible to be released in 30 days, for good time, which is a day off for every day of good behavior while in jail.
Burger was charged in 2008 with multiple counts of possession of a controlled substance with intent to deliver. The delivery charge was later dropped. He has been free on $10,000 bond since his arrest.
Police interest in Burger was sparked by an anonymous tip in 2006, St. Charles Police Officer Charles Pierce testified. Pierce was working with the Illinois State Police North Central Narcotics Task Force at the time. Pierce said a search of the Burger Drugs sales records showed 10,000 methadone pills and 90,000 hydrocodone, the generic for the painkiller Vicodin, were unaccounted for.
The three-hour sentencing hearing included sometimes tearful testimony from a dozen family members and friends as to Burger's trustworthiness, kindness and how they would support him during probation to maintain his sobriety.
Kane County Assistant State's Attorney Jodi Gleason had argued for at least 180 days of jail time for Burger, 48 months of probation and fines of up to $250,000. Burger's attorney Troy Owens argued for probation and no jail time, saying until his arrest, his client did not have so much as a parking ticket.
"Twelve witnesses told you what kind of man he is," Owens said. "Probation without incarceration is a just sentence."
But Anderson said the jail time was necessary to deter others.
When the sentence was announced, Burger's wife, Karen Burger cried into her sister's shoulder, saying in an anguished whisper, "He doesn't belong in there."
Burger was taken to jail immediately after sentencing, and for security reasons, bailiffs would not allow a goodbye hug from his tearful wife.
As bailiffs led him away, many cried and called out, "We love you Mark," and "Be strong."
Among those testifying on his behalf was John Hoscheit, an attorney with Hoscheit, McGuirk, McCracken & Cuscaden in St. Charles. Hoscheit is also a Kane County board member and president of the Kane County Forest Preserve District.
"He was a conscientious, hard worker [who spent] ungodly hours at the drug store taking care of customers," Hoscheit testified.
It was a common refrain as friends and family described Burger as reliable, trustworthy and responsible, a good father to his two children who live with his ex-wife in Wisconsin, an attentive son to his elderly parents, a loyal supportive husband, a steadfast community supporter, good neighbor and devoted friend.
Still, under questioning by Gleason, many said they did not know about Burger's drug addiction, nor his relapse. Those who did, such as his sister, Robyn Gola, 48, of Geneva, said she counseled him to get help.
James Diorio, 41, owner of Yurs Funeral Home in St. Charles, testified to their friendship. In June 2009, they were at his family's vacation home in Galena when Diorio's wife developed kidney stones. Diorio said he entrusted his three sons and three dogs to the Burgers at his vacation home while his wife was hospitalized.
Burger's wife of seven years, Karen Burger, 37, testified that after his arrest, he was treated as an in-patient at Resurrection Behavioral Health for his addiction for three months. She testified that her husband has been sober since then and they both attend meetings for follow-up support.
But under Gleason's questioning, Karen Burger admitted she did not know about her husband's relapse until police found 700 methadone pills hidden in a tool chest. Gleason said Burger had successfully hidden his addiction, taking up to 30 pills a day, from 2003 until 2008.
"There weren't any signs," Karen Burger said.
In Burger's own statement, the druggist explained that a boating accident in the late 1990s led to a slipped disc in his back and a prescription for Vicodin led to his addiction. He was treated for the addiction and remained clean for 3 1/2 years. Then a severe bout of kidney stones and two surgeries led to another Vicodin prescription – and a relapse.
Burger said he began to use methadone to combat withdrawal from Vicodin.
"I'm sorry," Burger said.
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