JESSAMINE COUNTY, Ky. (LEX News) — A Kentucky pharmacist who says she was mistakenly arrested and charged because of a clerical error remains entangled in the legal system after prosecutors declined to dismiss the charges during a court hearing Tuesday.
Dr. Shelby Dela Cruz said she appeared in Jessamine District Court expecting charges tied to another man's criminal record to finally be dropped. Instead, the case was continued until Oct. 27, marking what will be her seventh court appearance related to the matter.
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Kentucky pharmacist jailed after clerical error linked her to criminal record
"I was really hoping that those would be dismissed today," Dela Cruz said after the hearing. "They clearly are not my charges."
The case began on May 30 when a Jessamine County Sheriff's deputy stopped Dela Cruz while she was driving to work. During the traffic stop, the deputy informed her that her driver's license was suspended. Records returned through a law enforcement database also indicated prior suspension-related offenses.
Dela Cruz repeatedly told officers there had been a mistake and asked them to verify her Social Security number. She was arrested, booked into jail and charged with multiple offenses, including operating on a suspended license.
As she investigated what happened, Dela Cruz said she discovered a clerical error had linked her identity to Steven Ludwig, a Carter County man currently serving time in prison.
According to a Carter County Circuit Court order, Dela Cruz and Ludwig share the same birth date and have nearly identical Social Security numbers. A judge later determined clerical errors caused the mix-up and ordered Kentucky State Police and the Carter County Circuit Clerk's Office to correct the records.
Dela Cruz said she now has a court order proving the Carter County charges do not belong to her.
"We have an order granting relief from Carter County Circuit Judge showing that those are not my charges," she said.
Despite that ruling, the misdemeanor charges remain active in her Jessamine County case.
Dela Cruz said she understands prosecutors' decision to continue fighting a separate speeding citation stemming from the traffic stop. Her frustration centers on the charges she says everyone agrees belong to someone else.
"To continue to prosecute me on charges that are not mine that we clearly have a court order showing are not mine, I think that's an injustice in itself," she said.
The delay is creating growing concerns about her career.
Dela Cruz is a licensed pharmacist and pharmacy manager who holds licenses in two states and is seeking a third license in Missouri, which she says is required for her current position.
Because the charges remain pending, she was required to disclose them during the licensing process.
"If I can't get that Missouri license, they'll have to have someone else take over my position," Dela Cruz said. "I will have to step down."
She said she applied for the Missouri license more than two months ago and fears the pending misdemeanor charges could result in a denial, even though she maintains they do not belong to her.
Pharmacists are expected to maintain clean professional records, she said, and any criminal charges can trigger additional scrutiny from licensing boards.
"I have to report to the Board of Pharmacy," Dela Cruz said. "I'm licensed in two states trying to get licensed in a third state, and I potentially will be denied that Missouri license because I still have these charges."
Even if the charges are ultimately dismissed, Dela Cruz said the process is far from over. Expungement can take additional time, potentially extending the impact on her professional standing.
"I'm looking at a long process and a lot of professional repercussions from this," she said.
During Tuesday's hearing, Dela Cruz's attorney also filed a motion seeking to suppress evidence related to the traffic stop, arguing there was no probable cause for the stop. Dela Cruz said surveillance footage from a nearby gas station has been obtained as part of her defense.
For now, she said her attorney remains confident the charges tied to Ludwig will eventually be dismissed.
"He tells me to hold fast and be patient," Dela Cruz said. "I know those charges will eventually be dropped because I have proof they're not mine."
Still, she says patience is difficult when her career may be on the line.
"All I was doing was trying to get to work and take care of my patients," she said. "It's unfortunate that it affects my career while we're waiting."
Dela Cruz is scheduled to return to court on Oct. 27.
