MARCO ISLAND — A Marco Island doctor charged with violating probation after his estranged wife came to his house twice has been behind bars for two weeks and this week had his license suspended by the state.
Dr. Andrew Guidry was denied release on bond for Thanksgiving. Although his lawyer hopes to get him released next week to enable him to care for his two young girls and work at his office, Marco Medical Group, the 49-year-old doctor can't see patients.
This week, the state Board of Osteopathic Medicine indefinitely suspended his license after more than 17 years, finding he'd engaged in sexual misconduct with a 24-year-old former patient and exercised influence over her to obtain sex.
The suspension involves her allegations that he offered to perform a medical procedure in exchange for sex in 2009, inappropriately touched her during a prior exam, told her he loved her, and engaged in a sexual conversation recorded by police that prompted his arrest on a misdemeanor soliciting prostitution charge in July 2009. He completed a pretrial diversion program and wasn't convicted.
The state board fined Guidry $10,000 and ordered him to be evaluated by the state's Impaired Practitioner's Program. Once the suspension is lifted, he will be on probation and must follow terms and conditions that will be set when his license is reinstated.
The attorney who represented him before the board, Frank Recker of Marco Island, couldn't be reached for comment. Records show Guidry didn't dispute the allegations or the suspension order.
It's the latest chapter in the saga of a doctor known for his charity work and service in the military. The retired Army lieutenant colonel has been in the National Guard for 27 years, served in Iraq as a battalion surgeon in 2003 and as a corpsman in Beirut in 1984.
This month marks the seventh time Guidry was arrested, mostly for situations involving his estranged wife, Catherine Atkinson Guidry, and allegations of violating domestic violence restraining orders. He landed in jail Nov. 14, accused of violating probation in three misdemeanor cases after his wife walked into his home on Oct. 29 and Nov. 7, although she knew there was a restraining order prohibiting him from being near her.
"She went in his house to get the children," said Guidry's defense attorney, James Karl of Marco Island. "If nothing else, this tells you to think before you get a restraining order. It starts a legal machinery and if you don't watch it, it has unanticipated, unintended consequences that you sometimes can't avoid.
"Because it's a third violation, it's a very, very serious matter," he said, adding that prior restraining orders allowed the estranged couple to see each other to exchange custody of their children, but a more recent plea deal requires them to go through their nanny — and that led to his troubles.
Except for four misdemeanor convictions for violating restraining orders this year, the State Attorney's Office dropped other charges after his estranged wife wouldn't cooperate, saying she didn't want him prosecuted.
On Nov. 21, Collier County Judge Vince Murphy denied a motion to release Guidry on bond, but lifted the restraining order after his wife testified on his behalf.
"She was very clear she has no fear of the man. She never has," Karl said of the 5-foot 5-inch doctor, adding that their divorce is finally heading toward an amicable resolution, with him as the children's primary caregiver.
Court records show she now suffers from a medical condition that weakens her, making her unable to drive at times, climb stairs or lift objects and children. She asked the judge to lift the restraining order, saying she needs Guidry's assistance with their children, she lost her job due to her condition and wants to work for her husband.
She wrote that she tried to get the restraining order lifted Oct. 3, but left court because her medication caused painful migraines and confusion.
The warrant for Guidry's arrest shows he is $525 behind in paying monthly probation supervision fees and also must pay $345 in fines, complete the Batterer's Intervention Program, and 40 days of the jail weekend work program by April; he completed other programs required during probation.
Records show he has had three domestic violence restraining orders involving his first wife, current wife and another woman, all dropped at their request. He's still fighting a foreclosure involving his office, arguing that the original lenders negotiated an agreement giving his former medical partner a half-interest in the property; the partner later died.