Mark Taylor
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An Overland Park man has been charged with misdemeanor theft by deception for allegedly filling an over-the-counter cold medicine box with an unknown substance, and then returning it to the Gardner Wal-Mart for a refund.
According to Det. Sgt. Lee Krout, David L Hess, 60, Overland Park was identified on surveillance camera returning the tampered product to Wal-Mart.
“During the interview (with police) he admitted to replacing the product with something different and returned it to the store to get some money,” he said.
He said Hess was identified on surveillance video returning the product.
The product was placed back on the shelf and later purchased by a Gardner man whose wife got up in the middle of the night to take some of the medication.
The next morning they realized that the medicine had been replaced with something that appeared to them to be dog food.
The couple contacted Gardner Police and then took the woman to a hospital where she was eventually released.
It is not known whether she became ill from taking the substance.
Hess was ticketed for misdemeanor theft by deception and he is expected to appear in court sometime next month.
The Johnson County Crime Lab is testing the substance, and if it proves to be poisonous felony charges may be pursued.
“I spoke with the FDA and reviewed the case based on what information I had, they declined to prosecute federally,” Krout said.