A Texas judge dismissed the criminal case against a doctor accused of stealing nine doses of the COVID-19 vaccine – but prosecutors say they will still prosecute the charges.
Harris County court judge Franklin Bynum rejected the misdemeanor robbery by a public official on Monday against Dr. Hasan Gokal, ruling that no probable cause exists in the case against the emergency room physician who most he was later fired by Harris County Public Health, the Houston Chronicle reported.
“In the number of words normally used to describe a allegation of shoplifting, the state tries, for the first time, to criminalize the documented administration of vaccine doses by a doctor during a public health emergency,” wrote Bynum in his request.
The judge also said that the probable complaint filed against Gokal – who faced up to a year in prison and a $ 4,000 fine – was “riddled with sloppiness and errors,” reported the Chronicle.
Gokal was accused of stealing a vial containing nine doses of Moderna’s coronavirus vaccine that he claimed had not been used while working at a county vaccination post in Humble on December 29.
Harris County District Attorney Kim Ogg said on Thursday that Gokal told a co-worker about his actions a week later, prompting him to be fired after an investigation by county health officials.
Gokal said through his lawyer, Paul Doyle, that he opened a vial of Moderna’s vaccine later in the day and offered the remaining doses to health workers and local police, but they refused or had already been vaccinated, the Chronicle said. .
The doctor then called a supervisor who had no patients available, which prompted Gokal to use his cell phone to find contacts to distribute about nine off-site doses to elderly residents or those with pre-existing medical conditions. The final dose was administered to his sick wife, according to the report.
Gokal, who started working for the county last April, is said to have placed the names of patients in a state database. But despite Monday’s resignation, prosecutors said they still intend to pursue the charges against the dismissed doctor.
“Judge Bynum’s free remarks question his fairness and impartiality,” Ogg spokesman Dane Schiller told the Chronicle. “We plan to present all evidence on the subject to a grand jury.”
Gokal’s lawyer, meanwhile, is planning an illegal termination lawsuit against Harris County.
“We appreciate today’s result and now we will transition our efforts towards an illegal termination process,” Doyle told KTRK.
“As I publicly stated last week, an apology from Harris County Public Health and the Harris County Public Prosecutor regarding Dr. Gokal and his family will not be enough. The agency downplayed the name of this good civil servant and took his job without cause. “
Doyle said he also hopes that the incident will not prevent other medical professionals from “doing everything they can” to ensure that available vaccines are not left unused.