Kentucky pharmacist still fighting charges tied to clerical error, considers trial

JESSAMINE COUNTY, Ky. (LEX NEWS) — Nearly five months after a clerical error led to her arrest during a traffic stop, Kentucky pharmacist Dr. Shelby Dela Cruz is still fighting to clear her name.

Dela Cruz returned to Jessamine District Court on Tuesday for another hearing, but the case was postponed. She said she has now hired her third attorney since the incident and that her new lawyer is considering taking the case to trial.

"I've been to court, I think, six or seven times," Dela Cruz said. "And the two most serious charges are the two misdemeanors that are Stephen's."

Watch: Kentucky pharmacist's arrest linked to one-digit error on police citation

As LEX News Investigates previously reported, a one-digit Social Security number error on a Grayson police citation linked Dela Cruz to charges belonging to Stephen Ludwig, including operating on a suspended license and failure to surrender a revoked license.

When a Jessamine County deputy later ran Dela Cruz's information through a police database during a traffic stop, the database showed her license as suspended.

Dela Cruz said her new attorney wants to take the case to trial.

"We have spoken and he told me that he wants to take this to trial," Dela Cruz said. "I'm not sure what kind of a trial or how much of a trial it'll be."

LEX News showed Jessamine County Attorney Anna Roberts Smith the police citation containing the clerical error and asked about dismissing the two charges.

Smith said off-camera that Dela Cruz's attorney could file a motion requesting that the charges be dismissed.

Dela Cruz, however, said she does not believe her attorney should have to make that request because prosecutors have the authority to dismiss the charges.

"I feel like the attorney shouldn't have to ask the prosecutor to drop them because it is the prosecutor's ability to control those," Dela Cruz said. "If you have proof, I feel like they should have been dropped."

Dela Cruz also said she will not stipulate to probable cause because she believes doing so could affect a potential lawsuit seeking damages stemming from her arrest.

The case has also had professional consequences, according to Dela Cruz. She said her out-of-state pharmacy licenses remain in limbo while the charges are pending.

Dela Cruz is scheduled to return to court Dec. 8.