Flashback - December 1989 - Owensboro's Funeral Home Leaves Downtown After 56 Years

Move gives funeral home more space
Stewart Jennison ~ Owensboro's Messenger-Inquirer ~ 12/9/1989


Glenn Taylor is going to miss the downtown location where his family's funeral home business has operated since 1933.

"That's where I grew up. I learned to ride my bike in that parking lot," says Taylor, 40, vice president of Glenn Funeral Home located - until Monday - at 104 E. Fourth St.

But after four years of planning and nearly 14 months of site work and construction, Taylor and the 14 other employees of the funeral home and its related businesses are anxious to occupy their spacious new building on Old Hartford Road at Breckenridge Street.

Spacious is the operative word here. The new facility, with its 150-car parking lot, uses five of the nine acres the family corporation purchased from owners of the former Cardinal Drive In.

The two-story building encloses 20,500 square feet, according to building permit records.

"It's big for a reason," Taylor said. "We're serving a lot of families that need that much space." The new building has four visitation rooms plus a separate chapel. The Fourth Street building had three visitation rooms, including one that doubled as a chapel, and barely enough parking for 50 cars.

There's also a large lounge area with refrigerators where family members can relax, a library stocked with materials of help to families dealing with death and a special room where children can be at ease without disturbing adults.

Unseen by most visitors will be the wide corridors that encircle the public areas. The hallways and four-foot wide doors make it easy to move caskets and bundles of flowers from one area to another with a minimum of disturbance to families, Taylor said.

The upstairs includes a conference room where funeral arrangements are made, a casket selection room, a storage area and a residential apartment.

Taylor said the new structure also provides needed office space for Owensboro Memorial Gardens and Owensboro Pre-Arrangement Center, a funeral trust service.

Taylor said his family will miss its downtown location, which is now being offered on the real estate market, but there was no room for expansion there. "We were landlocked," he said.

Painters and other contractors were still busy making finishing touches in the new Georgian-design home Friday, but Taylor said all operations will officially move there Monday.

Traditions are important in the funeral home business, Taylor said, and two outside lamps that frame the main entrance doors are more than symbols of an earlier era: They are the original coach lamps from the horse-drawn hearse driven by his grandfather, W. E. Davis.

Lucy Glenn Taylor is president of Glenn Funeral Home. Allan Harl Jr. is corporate secretary of the funeral home and president of Owensboro Memorial Gardens.

The new building was designed by Louisville architect John Doomas. Lanham Brothers of Owensboro was the general contractor.

Flashback - July 1989 - Slaty Creek Baptist Church Cemetery Vandalized & Repaired

29 tombstones disturbed in church cemetery
Owensboro Messenger-Inquirer - July 18, 1989


SLATY CREEK - Twenty-nine tombstones were overturned and several were broken at a remote Ohio County cemetery Saturday night or Sunday morning, according to Kentucky State Police.

The Rev. Pete Leach said most of the members of the congregation didn't learn of the vandalism at the church's cemetery until Sunday night services.

"I think the first response was that it was unbelievable that somebody would do something like this," Leach said.

State police in Henderson received a report Sunday that the cemetery off Kentucky 269, 10 miles south of Beaver Dam, had been disturbed. Police believe the vandalism occurred between 5 p.m. Saturday and 7 a.m. Sunday.

No arrests have been made for the crime, which is a felony in Kentucky.

Leach, the church's pastor for 14 years, said this is the first time anyone has damaged the rural church or cemetery .

"When the shock wears off, you have a tendency to get angry, and you wonder what kind of sick person would do this," Leach said.

"I would suspect the ones who did this would have to be kids, but I don't know," Ohio County Sheriff Jim Wheeler said.

Leach said Slaty Creek cemetery is a community cemetery, but the church pays for its upkeep.

"I think this puts a little bit of fear in the community that someone would do this," Leach said. "No one knows for sure where these people were from." Many of the graves in the small cemetery date back more than 100 years.

Among those stones knocked over and broken was an obelisk-shaped marker on the grave of the Rev. Alfred Taylor, who died in 1865. Another disturbed tombstone marked the grave of Emery C. Cohron, who died in France during World War I in 1918 and was buried in the cemetery in 1921.

The cemetery is a short distance from the church and sits on a hill near a gravel road.

Leach said the church trustees will check to see whether insurance will cover the damage. If it doesn't, "the community will pull together" to correct things, he said.


Repair of tombstones 'eased a lot of sorrow'
Owensboro Messenger-Inquirer - July 25, 1989


After 29 tombstones were overturned and broken two weeks ago at Slaty Creek Baptist Church cemetery in Ohio County, prayers were answered, the Rev.

Pete Leach said.

A Beaver Dam funeral home and a Bowling Green monument company repaired markers and reset them on the graves for free, Leach said.

"This has eased a lot of heartaches, sorrow and grief, and I guess restored our faith in mankind," he said.

Sheriff Jim Wheeler said he has leads in the case and is close to making arrests. He believes those responsible are juveniles.

Members of the Slaty Creek church and the community were stunned after about a fourth of the tombstones in the graveyard were vandalized July 15.

The cemetery is off Kentucky 269, 10 miles south of Beaver Dam.

"One fellow came by the cemetery and said, 'This is pretty bad when the dead can't even rest in peace,'" Leach said.

But the generosity of William L. Danks Funeral Home and Fred Keith Monument Co. has gone a long way toward making people forget, Leach said.

"There's more talk about this good deed than there is about the vandalism," he said.

After the vandalism, church trustees were quoted an estimate of $2,900 to repair the tombstones, Leach said. Insurance wouldn't pay for the damage because each marker is individually owned, he said.

The church owns the land for the public cemetery , but a separate cemetery fund pays for the upkeep.

"We realized at that point we would have to do something about it ourselves," and the congregation planned a work day at the cemetery Saturday, Leach said.

But Wednesday night after church, Danks called Leach and asked whether he and Keith could help. Danks' son, Jeff, represents Keith in Ohio County.

After getting the go-ahead, workers from Keith Monuments arrived Thursday with equipment and repaired the tombstones.

"I don't guess words are adequate to thank Mr. Keith and Mr. Danks," Leach said. "Those people will forever remain in the hearts of the people of Slaty Creek." Danks said Monday that he, his son and Keith just wanted to help correct a bad situation.

"That was a bad thing to do, turn over memorials," Danks said. "They are very expensive and are easily broken.

"It doesn't take a very high IQ to do something like that," he said.

"Hopefully, when those responsible are caught they'll get a lesson out of it where they won't do it again."


Additional information for Slaty Creek Baptist Church Cemetery:
Find-a-Grave: Slaty Creek Baptist Church Cemetery (Ohio County, KY)
Satellite Views: Slaty Creek Cemetery

Flashback - September 1989 - Harlan County Funeral Director Charged with Theft After Claiming Funerals for Live Folks

Harlan Funeral Director Charged with Theft
Lexington Herald-Leader ~ 9/16/1989


HARLAN - Police arrested a Harlan County funeral home director on theft charges, including allegations that he took money for conducting funerals for two Harlan County women who are still alive.

Harold D. Cornett, 44, of Lynch was accompanied by his attorney as he surrendered Thursday afternoon to Kentucky State Police.

Cornett, owner of Parker Memorial Funeral Chapel in Cumberland, was arrested on two counts of theft by deception over $100 and four counts of theft by unlawful taking over $100.

He was later released on his own recognizance.

One of the two theft-by-deception charges stemmed from an indictment issued by the Harlan County grand jury, state police said. The other charges stemmed from state police investigations.

Cornett is accused of filing a certificate of performance in the supposed deaths of the two elderly women, according to a news release issued by the state police.

The claims were alleged to have been filed with the Funeral Funding Trust of Kentucky, a prepaid funeral trust fund established through the Kentucky Funeral Directors Burial Association Inc., of Frankfort, the release said.

Cornett also was alleged to have written checks on the accounts of the two women and possibly others, the news release said.

Cornett's attorney, Otis Doan, declined to comment on the matter Thursday. He did not return phone calls yesterday.

State police said Thursday night they also were investigating allegations of misuse of other trust funds in which Cornett was appointed the executor of the estates.

Harlan Commonwealth's Attorney Ron Johnson is giving legal assistance and his full cooperation to the investigation, police said. A subpoena would be sought for records of the Funeral Funding Trust of Kentucky, police said.

"This will be in order for us to check to see if any other Harlan Countians have been victimized in this way," state police detective Alice Chaney said.

All that was required to withdraw money from a trust fund is a notarized certificate of performance, which Cornett provided the company, she said.

"They don't require a death certificate or any other type of documentation that I am aware of," she said.

"Cornett was able to send in these certificates of performance on two ladies that were still alive," she said. "In my opinion, it would have been a good practice of the trust fund organization to require a death certificate in order to prevent such an activity from occurring."

A Brief History of Madison County's Richmond Cemetery

The early history of Richmond Cemetery - Madison's Heritage
(Archived article @ Newsbank)
Register Columnist Fred Engle ~ The Richmond Register ~ 10/19/2010


RICHMOND — This article is taken from the Richmond Climax, dated May 22, 1889, as supplied by Jasper Castle.

“The Richmond cemetery goes back to about 1848, when Senator John Speed Smith obtained a charter incorporating the cemetery. Nothing more was done for a time, but in 1849 cholera swept away many people and caused renewed interest in the subject. In 1852, the charter was amended, allowing a vote for a tax of $1,000 upon the people of Richmond, to be taken. The election was held, the proposition carried and finally all the money was collected.

In 1856, the trustees, composed of William Rodes, T.J. Gordon, William Holloway, Wm. H. Caperton, Daniel Beck, James B. Walker and Curtis F. Burnam, bought 18 acres of land from Joel Walker at $100 per acre. It was part of the Col. Humphrey Jones tract. In about 1885-6, another 10 acres was bought for $500 an acre from the same Walker-Jones tract.

The cemetery was dedicated on the 31st day of May, 1856. (The) Rev. E. Forman opened the services with prayer and Hon. Curtis F. Burnam delivered the address. Mrs. Jane Todd Breck, wife of Judge Daniel Breck, was buried on the day of the dedication.”

In 1889, it was the most beautiful and costliest cemetery in Kentucky, save those of Lexington, Frankfort and Louisville. Costliest meant there were numerous monuments that cost at least $3,000 in this cemetery.

In 1889, more than $200,000 had been spent on monumental work alone. It has some of the most impressive monuments to honor the citizens buried there.

Upon entering the grounds, the visitor is confronted by a sentinel with a gun in hand, Captain James Estill, the pioneer hero of Little Mountain. Today, this monument badly needs restoration work.

Today’s Richmond Cemetery Board does a fine job in maintaining the grounds and I am sure all the people of our community join me in thanking them for their hard work and dedication to this concrete and evocative part of Madison’s heritage. Jasper Castle’s family and a number of the members of the Engle family are buried there. Unfortunately, vandals recently damaged a number of monuments in the oldest part of the cemetery.

Thanks to Jasper Castle for his historical detective work.


Additional information on Richmond Cemetery:

Find-a-Grave: Richmond Cemetery (Madison County, KY) (Interment records)
Richmond Cemetery Location & Plot Map (Garrison-Logan Family History Site)

Trial Set for Richmond Cemetery Vandals

Trial set for alleged cemetery vandals
(Archived article @ Newsbank)
Emily Burton ~ The Richmond Register ~ 10/17/2010


Three people accuse of violating more than 150 graves at Richmond Cemetery are headed to trial.

Joseph Dewayne Combs, 25, William Damien Gross, 19, and Sara Elizabeth Smart, 20, are accused of damaging more than 150 grave markers at the cemetery on April 3. The stones were dated from the 1850s to the early 20th century.

The trio was indicted on the charges in September, and have appeared in circuit court several times for pretrial conferences, which have been continued.

On Thursday, Clouse set a trial date for all three of March 14, 2011. The trial is expected to take two days.

The case is being prosecuted by the Fayette Commonwealth’s Attorney Ray Larson, because Thomas Smith, assistant Madison Commonwealth’s attorney, recused himself as prosecutor from the case in July because he also serves as chairman of the Richmond Cemetery Board.

Combs, Gross and Smart all are charged with one count each of violating graves, a Class D felony; second-degree criminal trespass, a Class B misdemeanor; and first-degree criminal mischief, a Class D felony.

In addition, Combs faces a charge of second-degree persistent felony offender, which could escalate the violating graves charge into a class C felony. This means he could be sentenced to up to 10 years in prison if convicted.

Should Gross and Smart be convicted, they could each be sentenced to up to five years in prison.

Prosecutors from the Fayette Commonwealth’s Attorneys office said in September they would not be offering a plea agreement to any of the three.

Emily Burton may be reached at eburton@richmondregister.com or at 624-6694. Follow Emily on Twitter at RR_EBurton@twitter.com.

Vandalous Thieves Take Veterans' Grave Markers from Grayson County's Vol Layman and Frank-Embry Cemeteries

Vandalism painful for community
(Archived article @ Newsbank)
Theresa Armstrong ~ Grayson County News Gazette ~ 10/13/2010

Vandals that desecrated the graves of three World War II Veterans and a Korean War Veteran in Grayson County have stolen the special grave markers provided by the Veterans Administration.

Terry Mudd, overseer of the Vol Layman Cemetery in Millwood, arrived at the cemetery on Saturday morning to do some cleanup work and discovered three separate graves where vandals have destroyed the cement that held the bronze grave markers provided to each war veteran.

Mudd reported the crime to Sheriff Rick Clemons and notified the family members of the veterans of the missing grave markers.

Aileen Stewart, widow to one of the WWII Veterans whose grave marker was stolen, came to the cemetery with her son Carl Stewart JR. and viewed the damage first hand.

Her husband had fought in the war and she told stories of the time he spent defending his country.

“He fought for the freedom that these people are enjoying today and look what they have done," said Stewart. "Once he spent three months in a fox-hole and when he was finally able to take off his boots his skin peeled off with the boot."

As Stewart looked at the broken concrete of her husband's grave marker tears filled her eyes.

"Who would do such an awful thing as this," said Stewart. "I have never seen anything like this before."

A fourth grave was discovered Sunday when family members went to pay their respect at the Frank-Embry cemetery. The marker had the name PFC Cleveland Lacefield who fought in the Korean War. The marker, like the other three, was a bronze plate that was anchored in a cement base. The anchors were cut off and the bronze plate was removed.

Lacefield's brother reported that he had noticed a white Ford car, silver mid-sized truck and a dark red Ford small SUV at the graveyard in the past few days. On two separate occasions he chased off the red SUV and the white car.

"These vehicles may or may not have anything to do with the thefts but people should watch out for them at cemeteries," said Deputy Sheriff Jeff Kelsey." I believe the suspects might attempt to take another marker because of the location of cemetery."

Wendy Saltsman, of Top Dollar Recyclers, said the markers really have little value. A reputable recycler will not even accept such an item.

"If someone brought something like this in we would not even buy it and would contact the police," said Saltsman. "This is not really something you can get rid of very easily."

Clemons has vowed to do everything he could to find the person or people who did this and went as far as offering a $500 reward of his own money for information that leads to the arrest and conviction of those involved with the vandalism.

"This is the worst crime I have seen since I have been in office. I cannot believe that someone would do something like this. These Veterans fought for our country,” said Clemons. "I will do everything in my power to find out who did this."

The officers at the American Legion Post 81 were notified of the damaged graves and immediately took action to see that the graves markers were replaced.

"We will make sure these veterans are honored," said American Legion Post 81 Commander Jim Lish. "We will replace the cement and the markers and restore the graves back to the way they were."

Theresa Armstrong can be reached at tarmstrong@gcnewsgazette.com.

$165,000 Damages Awarded After Deceased's Body Endures Funeral Home Fire

On Thursday, October 7, following a day and a half of testimony, a Christian County Circuit Court jury delivered a $165,000 judgement against Hopkinsville's Gamble Funeral Home, finding that employee Cletus Sivils misrepresented the condition of Thelma Johnson Buckner's body to her family following a fire at the dual funeral establishment and residence seven years ago.

According to Dora Gamble Bibbs, employee and sister of Gamble Funeral Home owner Raymond Gamble, he and his daughter had went out for dinner and returned to their apartment above the funeral parlor sometime after 10 p.m. on Saturday, December 13, 2003. At a quarter til midnight, a Hopkinsville police officer making his patrol rounds noticed the building on Liberty Street burning and found Raymond outside, having initially escaped with minimal injuries before venturing back into the flames to search for his teenage daughter, Angelique, who was not in the building. The desperate father's search resulted in considerable smoke inhalation and more than 85% of his body being burned, for which he was sent to the burn unit at Vanderbuilt Regional Medical Center in Nashville, Tennessee. Dora told reporters that though his injuries were serious ~ smoke inhalation necessitating a ventilator and burn damage requiring extensive skin grafts ~ her brother "was in good spirits" and was expected to recover, "but it might take three or four months," added another brother Joe Gamble, who also works at the funeral home. Doctors began the first round of skin grafts on December 16, followed by the second and final round on December 22. In stable but critical condition, Raymond spent that Christmas without visitors, gifts, or floral "Get Well" gestures, his traumatic burns and subsequent treatment demanding a sterile environment.

Firefighters were dispatched to the Gamble Funeral Home immediately following the patrol officer's notification and, upon arrival, found heavy smoke and fire raging in the historic building's second story living quarters. The fire, which eventually spread to the funeral parlor on the lower ground floor, ultimately took twenty-eight firefighters about two hours to bring under control. Hopkinsville Fire Chief Fagan Pace said the building appeared to be a total loss with then undetermined monetary damages, but congratulated his crew for saving the Red Bird Cafe building next door.

Sunday afternoon, the Christian County Rescue Squad and County Coronor Dorris Lamb's office assisted fire officials with the removal of three bodies that had been in the parlor at the time of the fire: 74 year-old Thelma Johnson Buckner; Anita Louise Radford Parker, 38; and Patricia Lisenby of St. Louis, for whom arrangements had not yet been made. The remains of these ladies were burned beyond recognition, information that would not come to the attention of their families or the pubic until long after they were buried.

Faced with a common and unfortunate predicament eventually dealt to all "family affair" establishments ~ Gamble Funeral Home's owner in critical condition, two of its employees being his siblings, and the whole organization likely a significantly impacted "part of the family" struggling to keep it together ~ the tragedy was discussed with the bereaved families of the three ladies whose bodies were pulled from the parlor and new funeral arrangements were made. Most of these dealings fell to funeral home employee Cletus Sivils ~ a surely distraught employee in an understandably chaotic situation, probably running around like a chicken with his head cut off ~ perhaps unfamiliar with dealing directly with bereaved families (perhaps not ~ still looking for more information on this case), but most certainly unfamiliar with handling the matter of a family's deceased loved one enduring a blaze, a situation well-seasoned funerary veterans rarely encounter.

Visitation for 74 year-old Thelma Johnson Buckner was to be from 1 to 4 p.m. Sunday, followed by an early Monday afternoon service by Rev. Michael Torian at the Cedar Grove Baptist Church. October 2010 civil court testimony in the action brought against Gamble Funeral Home by Thelma's family somewhat conflicts regarding what Sivils relayed to the family as he offered to proceed with a closed-casket funeral - either that Thelma's body was badly blistered or that it had a "skin slip." The family obliged, not viewing Thelma's body before interring her at Cave Spring Cemetery. I'm not sure anyone would know if the "right" thing to do with what Sivils was faced with would be to tell a hopefully comforting fib or a likely agonizing truth ~ and I'm sure, as far as mental and emotional health goes, the "right" thing would vary among the masses.

38 year-old Anita Louise Radford Parker was to be laid out for viewing Monday from 4 to 7 p.m., with Rev. Roland Butler's services at the St. Bethlehem Baptist Church following at 2 p.m. the next day and burial at Pembroke Cemetery. Presumably, a conversation similar to what Thelma's family described took place regarding the condition of Anita's body after the fire. With the help of Hopkinsville's Lamb Funeral Home and Clarksville, Tennessee's Foston Funeral Home, Gamble employees proceeded with the deviated funeral plans.

Though by the 15th they were still unsure how the fire started and had not yet interviewed Gamble because of his injuries, officials indicated to the media that initial reports did not suggest arson or foul play. Investigators with the Kentucky Fire Marshal's office and Gamble's insurance carrier were scheduled to begin sifting through the debris on December 15 to determine the cause of the blaze. The assistance of Bowling Green Alcohol, Tobacco, and Firearms (ATF) office investigators was also requested due to the magnitude of the fire and possible complications associated with embalming chemicals and other matter typically found in funeral homes. Test results from samples sent to the ATF office in Washington D.C. took more a month to return, during which time investigators probed several areas of interest, there being no obvious clues to how the fire started, but some evidence it did not begin in the second floor living quarters, as initially believed.

Overseen by Dora and Joe and supported by many gracious funerary colleagues in and around the Hopkinsville community, Gamble Funeral Home continued doing business without their own parlor as Raymond recovered in Vanderbuilt's burn unit and insurance matters were resolved. A little more than a week after the fire, an office was set up in Red Bird Cafe building next door to the the funeral home's charred remains. As Hopkinsville and Christian County official historian William T. Turner recalls, the charred remains were once the primarily 1880's-constructed home of Dr. Gant Gaither's parents Nat and Rebecca, later converted to an apartment building under J. Hampton and Emma Fox. In the fall of 1953, Sam N. Henninger and partner Burt Lilly established the Henninger-Lilly Funeral Home, which later became simply the Henninger Funeral Home, joined in the business venture by his wife Shirley and parents. In 1986, Henninger sold the business to funeral home owners Tommy and Carolyn Maddux, who moved it to another location and sold the building to Raymond Gamble the same year. Raymond eventually recovered, rebuilt his funeral home, and returned to work.

On the night of the fire, authorities soon learned Angelique, the teenage daughter Raymond had risked his life searching for, had snuck away. Some weeks later, investigators did determine foul play was involved in the blaze - it had been set in the stairwell with some sort of flammable liquid, such as lighter fluid. Over the course of the year following the fire, arson investigator Lt. Elmer Greene and ATF Agent Jay Esponila (among others) put the pieces of the puzzle together, and it was claimed Angelique confessed to the crime in late 2004, though the story was muted because Angelique was a juvenile. On May 26, 2005, the Christian Circuit Court (3^rd Dist.) certified her to stand trial as an adult, followed the next morning by a grand jury returning a first degree arson indictment. Raymond urged Commonwealth's Attorney Rick Boling to seek probation for his daughter, expressing he did not want the then 16 year-old girl, who lived with her mother in Texas, to be incarcerated. Represented by Foster Cothoff, Angelique entered an Alford plea to third degree arson and was sentenced to supervised probation and counseling in lieu of a five-year sentence by Judge Edwin White the same day ~ unusual in typically drawn out criminal cases, even more so in those causing the degree of damage and injury she did, Raymond's plea for lenience and closure gifting Angelique and her overloaded shopping cart of unfinished damage a highly undeserved spot in Justice's "10 items or less" Express line.

Authorities did not believe Angelique was trying to kill her father, but did believe she wanted to destroy the funeral home - a motive I'm not sure offered Raymond any consolation. I'm sure the reconstruction of his business and his daughter's return to Texas following her conviction for destroying his business and historic home and leaving him with painful, life-threatening injuries sustained while ::SMACK IN THE FACE:: trying to make sure she was safe from a hell she created would have been a good time for Raymond to close what had to be one of the most unpleasant chapters of his life and begin healing. At least a good time to catch a breather! No such luck.

For reasons I'm sure are clarified in Christian County Circuit court records I don't yet have access to (and perhaps in Nick Tabor's October 8, 2010 article Jury awards $165K to Gamble plaintiff, which I'm hoping some gracious Kentucky News Era subscriber will hook me up with), Thelma Bucker was exhumed about ten months after her death, exposing the charred condition of her body. For misrepresenting the condition of Thelma's body, a $1.5 million lawsuit was then filed against the Gamble Funeral Home by her family ~ which, at the time of her death, included son Robert Alexander Kendrick, daughters Vanessa Marie Thomas and Juanita Greenwade, nine grandchildren (one of whom is the NBA's Greg Bucker, born to then 14 year-old Juanita and raised in part by grandma Thelma) and eleven great grandchildren.

Not long after, Anita Parker's mother, Bertha Smith, also filed suit, which was still pending as of late 2010. I've not come across the details of the suit ~ such as if the same claim of misrepresentation is being made, or if Anita's body was also exhumed. I've found little information at all on Patricia Lisenby of St. Louis, but there's no indication anyone has come forward to file on behalf of her estate.

Though the reasons for a coroner to exhume a body are limited by Kentucky law (KRS 72.440), my understanding of the statutes and administrative regulations ~ as detailed in KRS 213.076 (Sect. 12), 901 KAR 5:090 (Sect. 2), and the Kentucky Registrar Guidelines (KRG, Rev. 11/08, p. 48) ~ is that, provided Thelma's children were all in agreement (her husband could have trumped them if he were alive) and signed documents to such effect, they could submit to the Local Registrar a very simple Form VS-36A: Application for Disinterment & Reinterment in the Same Cemetery, which does not inquire as to reasoning, be granted a VS-36 Permit for Disinterment & Reinterment in the Same Cemetery (permit and required forms found in the KRG, pp. 63-66), and take a peek once they'd jostled ole Thelma's casket out of the ground ~ though the statutes are unclear as to whether or not it is lawful to take a peek or otherwise handle a body once disinterred.

One can only hope there was a more legitimate reason to disturb this poor lady's sweet repose than plumping up her kids' wallets with money from a family and establishment that had been through enough. Thelma died at home, eliminating exhumation as part of an investigation into allegations of hospital or nursing home malpractice, but perhaps there was an inquiry of her primary doctor, a home nurse, medications, etc. I've not found any information or articles to support this, but I'm throwing this out there as a "perhaps" until I can review the court record or a media summary of it.

Its also possible her kids and grandkids were *truly* affected ~ mentally and emotionally ~ by the lingering unknown associated with Thelma's burial. Some of us folks are like that ~ I can see myself having nightmares and the like just thinking about my momma enduring the cold, damp darkness following the fire that Thelma, Anita, and Patricia were not pulled from til Sunday afternoon. If I weren't already a chronic insomniac, wondering whether or not she also suffered through the fiery blaze could definitely keep my mind racing at night and tear me up for a long time to come. On the other hand, so would knowing she did suffer through the fire. Logically, of course I would know momma didn't *actually* suffer ~ but she'd still be my momma ~ and not all the belts and chains in our heads work logically. For similar reasons, some folks are adamantly against themselves or their loved ones being *voluntarily* cremated (this incident ironically flirting with those notions), while others shiver at the thought of being buried in the ground ~ creeped out by the darkness, bugs, and other known and unknown critters lurking underneath the surface. Logical people have seemingly irrational thoughts about such things all the time ~ the phenomenon certainly isn't rare.

But just because some other folks and I would struggle with these matters doesn't mean everyone would, or that the families of Thelma and Anita did ~ particularly to the tune of $1.5 million when they were well aware the circumstances behind the matter at hand were unfortunate all around. American society and tort history has taught us we should question the motives behind any civil action, most particularly those with causes and monetary demands that seem frivolous, ridiculous, or plain outrageous...and with plaintiffs that aren't lawsuit-bashful.

After the death of her brother Robert on December 10, 2007, Juanita filed suit against the Christian County Fiscal Court, Christian County Jail, and Bradley Boyd, in his individual capacity and official capacity as Christian County Jailer for an unknown amount in damages, claiming a violation of Robert's civil rights caused his wrongful death, negligence, gross negligence, and outrage (intentional infliction of emotional distress). Though the case outline doesn't suggest the defendants certainly were squeaky clean, it also doesn't suggest they were grossly negligent, in any way responsible for a pulmonary embolism, or intended to outrage or inflict distress on anyone. Further, the case shows Juanita doesn't seem big on fact finding, research, neither basic nor challenging follow-up, and she may not be above lying to achieve what she's after. In the suit, she claimed when she saw her brother on November 21 he "appeared to have lost more than 100 lbs." since he was incarcerated less than two months previous. An amazing and difficult feat in itself ~ made more amazing by his mid-December autopsy reporting a weight of 212 lbs. ~ 2 more than the 210 lb. weight recorded when he was arrested. Not to say coroners and medical examiners aren't above corruption and lying when handling jailhouse deaths - just saying civil plaintiffs aren't above lying and making frivolous claims either. The claim against the County was ultimately dismissed in November 2009. Following services at Brook Haven Memorial Funeral Home in December 2007, Robert Kendrick found much needed rest at Café Springs Cemetery.

Vanessa apparently died sometime between 2004 and November 2007, Weatherstrand vs. Christian County Fiscal Court, et al. describing Juanita as Robert's "surviving sister" on November 21, 2007. After her brother's death, Juanita divorced her husband and remarried into the Weatherstrand family.

On October 7, 2010, a Christian County Circuit Court jury unanimously affirmed Cletus Sivils misrepresented the condition of Thelma's body to her children, finding Gamble Funeral Home liable for $75,000 in emotional damages, $50,000 for medical expenses, $20,000 for funeral expenses, and $20,000 in punitive damages. The $165,000 judgement was about a tenth the amount Juanita was seeking.

I'd love to say that since a jury actually awarded these damages ~ particularly the punitive damages ~ I should assume the case against Gamble Funeral Home had more merit than the surface suggests and the motives of Cletus Sivils were less than honorable ~ but, historically, juries have not proven that assumption valid. Did Juanita and her family make for sympathetic plaintiffs, and, if so, was it because their issues were genuine or they were good at role-playing? Did Cletus Sivils stretch the truth with the good intention of saving the families further grief and agony, or was he simply trying to avoid a lawsuit? Had not misrepresenting the truth have saved Juanita and her family the emotional distress and medical expenses they claimed here? What provoked them to exhume their mother? Did Gamble or its insurance company make a reasonable offer inline with the ultimate judgement that the Buckner family refused? Were they at all sympathetic to the situation the Gamble family and their employees were in at the time of their mother's services? Did they hear word that Angelique Gamble was the culprit before the media broke the story? If so, would they have filed the suit had the funeral home been the victim of a random arsonist or freak accident?

Did Thelma's family disturb her eternal sleep solely for the purpose of filing a $1.5 million lawsuit?

(8/12/2003) Ferguson, Mary D. Sam Henninger a man of many memories ~ Kentucky New Era (Hopkinsville)

(8/11/2003) Thelma J. Buckner obituary ~ Kentucky New Era (Hopkinsville)

(12/12/2003) Anita L. Parker obituary ~ Kentucky New Era (Hopkinsville)

(12/13/2003) Brown, Jennifer P. Gamble Funeral Home destroyed in blaze ~ Kentucky New Era (Hopkinsville)

(12/22/2003) Brown, Jennifer P. Gamble fire cause is still undetermined ~ Kentucky New Era (Hopkinsville)

(10/19/2004) Tommason, Chris. Buckner can trace it back to mom - Nuggets defensive specialist knows importance of giving ~ Rocky Mountain News (Colorado)

(5/28/2005) Brown, Jennifer P. Daughter enters plea in fire ~ Kentucky New Era (Hopkinsville)

(11/12/2009) Juanita Weatherstrand, Estate Administratrix for Robert Kendrick, deceased vs. Christian County Fiscal Court, et al. Defendants. Memorandum Opinion. US District Court, Western District of Kentucky - Paducah Division.

(10/8/2010) Tabor, Nick Jury awards $165K to Gamble plaintiff (excerpt only - subscription required) ~ Kentucky New Era (Hopkinsville)

Pretrial Set, New Charge Filed Against Richmond Cemetery Vandals

Three Indicted for Cemetery Vandalism
(Archived article @ Newsbank)
Ronica Shannon ~ The Richmond Register ~ 9/17/2010


RICHMOND — Three people charged with vandalizing Richmond Cemetery in April were indicted Wednesday on an additional charge of first-degree criminal mischief.

Joseph Dewayne Combs, 25, William Damien Gross, 19, and Sara Elizabeth Smart, 20, appeared Thursday in Madison Circuit Court where they pleaded not guilty to the charge, and a pretrial conference for a previous charge of violating graves was continued.

Judge William G. Clouse agreed to proceed with an arraignment Thursday for the three at the request of their attorneys. This will allow the pretrial conference, scheduled for Oct. 14, to include both charges.

Assistant Commonwealth’s Attorney Thomas Smith recused himself as prosecutor in the case in July because he also serves as chairman of the Richmond Cemetery Board. A special prosecutor from the Fayette County commonwealth’s attorney’s office was appointed to try the case, and said Thursday that plea agreements would not be given to the three.

The group’s first indictment came in July for one count each of violating graves and second-degree criminal trespassing.

Richmond police allege that the three damaged more than 150 grave markers, some dating back to before the Civil War, during an April 3 incident.

Alcohol was suspected as a factor in the incident after police found a whisky bottle in the cemetery the morning after the markers were damaged.

Smith said the damaged markers dated from the 1850s to the early 20th century. Many of the markers were chipped or cracked, while some crumbled after being knocked down.

Violating graves is a Class D felony, while second-degree criminal trespass is a Class B misdemeanor. If convicted, they could serve up to five years in prison.

Combs also faces a second-degree persistent felony offender charge that would escalate the violating graves charge to a Class C felony, meaning that he could serve up to 10 years in prison if convicted.

Upkeep Problems at Madison County's Historic Richmond Cemetery

Some not happy with cemetery conditions
Bill Robinson ~ The Richmond Register ~ 9/1/2010

Alice Jane Jones Thompson inspects stone matted with grass (Photo: Nancy Taggart

RICHMOND — Richmond Cemetery trustee chair Donald Roberts and his predecessor Tom Smith both acknowledged in a Richmond Register interview published that not everyone was happy with cemetery upkeep, but that much progress had been achieved in the nearly 11 years both had been on the board.

Roberts said he believed 90 percent of families with loved ones buried in the historic cemetery are happy with its upkeep. When he joined the board, Roberts said practically no one was happy with the care.

Some critics of the cemetery’s care, including two who attended the Aug. 27 board meeting, were not accepting of Roberts’ and Smith’s assessment of the situation.

Among the complaints of both Gayle Hackworth and Alice Jane Jones Thompson, who attended the board meeting, is that wet grass is thrown on headstones and family markers by mowers and is not removed. The sun then often bakes the grass onto the stones, causing discoloration and pitting, they said.

At best, the grass cakes on the markers leaving an unsightly appearance.

At the cemetery in eastern Kentucky where her husband is buried, Thompson said groundskeepers use power blowers to remove grass blown there by mowers.

She invited the Richmond Register to accompany her and others on a tour of the cemetery’s back section on Tuesday.

The cemetery’s front section, which can be viewed from E. Main Street, receives better care, Thompson said.

Owners of cemetery plots should not have to do their own trimming around markers or clean them after the grass is mowed, she said.

As Thompson spoke, she pointed to a woman nearby who used a whiskbroom to remove grass from her husband’s grave marker. The woman, who asked not to be named, said she had no problem with the cemetery board.

Near where the woman cleaned her relatives’ grave stones, dried grass was so matted on some markers, both large and small, the names were concealed.

The trustees should be “ashamed” for visitors to the cemetery to see such conditions, Thompson said.

Metal sign marking mass Confederate grave of Battle of Richmond soldiers lies on the ground (Photo: Nancy Taggart)

Another example of what she considers substandard care was a metal sign on the Battle of Richmond driving tour that marks the site where Confederate solders are buried in a mass grave. On Tuesday, it was wired to a metal pole, but rested on the ground.

Thompson said she was embarrassed for the sign to be down over the weekend during the Battle of Richmond when she saw re-enactors visiting the site.

Tamara Bullen, the mother of an Iraq combat veteran who died accidentally while stateside, said she chose Richmond Cemetery as her son’s finally resting place because she wanted his grave to have the best of care.

Since then, however, she has become disenchanted with the cemetery’s care, voicing similar complaints as Hackwork and Thompson.

During one of her frequent cemetery visits, Bullen said she found workers sitting on burial markers and leaning their equipment on them.

One worker “was so rude,” he “ran her over” with his mower.

Thompson said she had no problem with the cemetery workers and the job they do. Rather, more personnel are needed. When cemetery trustees said the board’s funds are limited, she suggested they organize a volunteer group or contact the court system to use defendants sentence to community service.

“Those ideas just seem to fly right past them,” she said.

Roberts on Tuesday said the board and the workers are doing the best that can be done with available resources,

This past spring, a group of young volunteers has assisted cemetery workers with fence painting, he said.

Smith on Friday said the idea of using defendants sentenced to community service or jail inmates on work release had prompted other cemetery plot owners to voice concern. Also, such workers would require special supervision, he said, and the board does not have funds to hire anyone.

Thompson vowed to keep pushing the cemetery board to improve.

“I promised them that I won’t go away,” she said.

Bill Robinson can be reached at brobinson@richmondregister.com or at 624-6622.

April 1999 - 19th Century Covington Cemetery Relocated for Roadwork

Roadwork relocates 17 graves
Peggy Kreimer - The Kentucky Post (Northern KY~Metro Cincy) ~ 4/21/1999

The occupants of a little 19th century cemetery at Ky. 17 and Hands Pike in Covington got a new address this week - the 15 graves were moved to Independence Cemetery, about four miles south on Ky. 17.

The property near Hands Pike is being developed, and part of the land was sold to the state to make room for widening Ky. 17.

"With the new road plan, the graves were going to wind up being right next to the highway," said Herbert Moore Jr., who is developing the land with his brother, Charlie Moore.

The Moores contacted the relatives of people buried in the cemetery and arranged to move the entire cemetery to Independence Cemetery, retaining its configuration and the graves' relationships to each other.

The process was two years in the making, including state permits and required pubic notices that had to run repeatedly in local newspapers, said Herbert Moore. They hired a New York-based company that specializes in moving cemeteries to exhume the bodies and move them to the new cemetery.

"They were very professional and thorough and very sensitive to the family members who were there," said Tom Honebrink, general manager of Highland Cemetery and Independence Cemetery.

"We wanted to maintain the absolute dignity of these people," said Moore. The Moores paid for the new cemetery plots, concrete vaults and burial services. All the headstones are being cleaned and will be replaced over the graves in a few weeks. Some new headstones will be carved for graves that were not marked in the old cemetery.

"They did this very respectfully," said Honebrink. "They didn't cut any corners on expense."

The cemetery held graves of people who died from 1830 through 1900, and included several infants. Moore said descendants of those reburied were at the gravesites on Monday.

Richmond Cemetery Vandalism Trio Indicted

Three Indicted for Cemetery Vandalism
(Archived article @ Newsbank)
Brian Smith ~ The Richmond Register ~ 7/23/2010


RICHMOND — Three people accused of causing more than $40,000 in damage to grave markers at the Richmond Cemetery were indicted by a grand jury Wednesday.

Joseph Dewayne Combs, 25, of Altamont Street, William Damien Gross, 19, of Keri Ann Drive, and Sara Elizabeth Smart, 20, of Waco, were indicted on one count each of violating graves and second-degree criminal trespass.

Richmond police allege that the three damaged more than 150 grave markers, some dating back to before the Civil War, during an April 3 incident.

Alcohol was suspected as a factor in the incident after police found a whiskey bottle in the cemetery the morning after the markers were damaged.

During a June preliminary hearing for Smart in Madison District Court, Richmond detective Matt Boyle testified that all three suspects had admitted they were drinking at the Cherry Pit and then went to the cemetery to continue drinking.

Boyle said Gross and Combs claimed all three had participated in the destruction of the markers, while Smart denied participating in knocking over the headstones.

Assistant Common-wealth’s Attorney Thomas Smith also is the Richmond Cemetery Board chairman, so a special prosecutor from the Fayette County commonwealth’s attorney’s office has been appointed to try the case.

Smith said the damaged markers dated from the 1850s to the early 20th century. Many of the markers were chipped or cracked, while some crumbled after being knocked down.

Violating graves is a Class D felony punishable by up to five years in prison if convicted, while second-degree criminal trespass is a Class B misdemeanor punishable by up to 90 days in jail.

Combs also faces a second-degree persistent felony offender charge that would escalate the violating graves charge to a Class C felony punishable by five to 10 years in prison if convicted.

The case has been assigned to Judge William G. Clouse, according to court records, but an arraignment date has not been set.

An indictment is a formal statement of charges and does not imply guilt.

Brian Smith may be reached at bsmith@richmondregister.com or at 624-6694. For breaking news, follow Brian at www.twitter.com/RR_BSmith.

September 1989 - Coffin Taken from 88 year-old Warren County Grave

Mysterious: 88 Year-Old Coffin Taken from Plot
Lexington Herald-Leader ~ 9/12/1989

BOWLING GREEN -- The disappearance of a coffin containing the remains of a woman buried in a small family plot 88 years ago has stumped investigators, a sheriff's detective said yesterday.

Charles Forshee, a Warren County sheriff's detective, said the owner of some cattle that had gotten loose through a hole in the cemetery fence noticed the excavated grave Sunday afternoon.

"It was clean dug -- perfect," Forshee said. "Clean down the sides. They
went all the way to the bottom."

The hole in the fence apparently was made by whoever took the coffin, the detective said.

The grave was that of Easter Ann Stewart, who was born Aug. 18, 1825, and died Aug. 15, 1901, at age 75, Forshee said.

He said a rectangular hole 6 feet deep was neatly cut to remove the coffin, but the headstone and footstone were left intact. Four other well-marked, neatly kept graves in the plot were undisturbed, he said. The other graves belonged to members of the Stewart family who died about the same time as Easter Ann Stewart, he said.

The detective said the remains could have been missing for as long as a week to 10 days. Investigators for the sheriff's department were trying to determine who owned the secluded cemetery property.

"We think it's owned by out-of-state investors...There's some controversy over who owns what," Forshee said.

"It's very interesting, and it is a pretty serious crime, but we don't know" he said. "At this time, we are stumped and we just don't know what is going on. It's sad, isn't it?"

A state permit is required before a body may be disinterred and moved to another cemetery. The state Office of Vital Statistics has no record of an application to move the body, said a spokesman for the office in Frankfort.

Warren County Coroner Kevin Kirby and Barren River District Health Department Director Chuck Bunch said they knew of no request to move the contents of the grave to another cemetery.

April 1987 - Kentucky Archaeology Survey is Born

Registry will assist landowners wanting to protect historic sites
Art Landers ~ Lexington Herald-Leader ~ 4/9/1987

Kentucky now has a program to assist landowners who want to preserve archaeological sites on their property.

The Kentucky Archaeological Registry (this later became the Kentucky Archaeological Survey) seeks to help save Kentucky's cultural heritage - most notably the tools, ceramics and remains of prehistoric inhabitants.

"This first year we hope that between 12 and 20 sites will be placed on the registry. The first agreement was signed in March. The fourth one was finalized just today (Monday)," said Thomas Sanders, manager of site protection for the Kentucky Heritage Council (KHC).

Under the program, landowners pledge to preserve and protect the archaeological sites on their property, notifying the KHC of any threats such as vandalism, sale of the property, proposed construction or other ground-disturbing activities. In return, the KHC assists the landowner with site management, conservation information and tax advantages. Landowners enrolled in the program receive a plaque and/or certificate.

David L. Morgan, director of the KHC and State Historic Preservation Officer, said the Kentucky Archaeological Registry is modeled after the Natural Areas Program (administered by the Kentucky Nature Preserves Commission), which seeks to identify and preserve lands unaltered by man, such as wetlands, prairies and rare and endangered forest types.

Sanders said that while very few states have laws protecting archaeological sites on privately owned land, federal and state laws (Antiquities Act) (ref. Federal Antiquities Act of 1906, state KRS 164.705-735, 164.990) provide protection for sites in federal, state, local and municipal areas from unauthorized excavation.

"The state's trespassing law and the law which makes it illegal to possess human skeletal remains without a coroner's permit are the only two regulations we have here in Kentucky to stop the indiscriminate digging of sites on private land," Sanders said. "A permit is required to exhume any human body."

Sanders said there are some 11,000 known archaeological sites in Kentucky . "Many times that number aren't documented. A site could range from a small hunting camp or burial mound to a large village. The locations of the known sites are recorded on computer at the state office of Archaeology (in Lexington)" (UK Anthropology Department's Office of State Archaeology), Sanders said.

Sanders said the data base comes in handy during the environmental review process when construction projects threaten archaeological sites. "Just last year Columbia Gas approached us about a pipeline they were building to the Toyota plant. They determined that it would cross a known archaeological site," Sanders said. "That particular situation is a good example of corporate responsibility."

Sanders said Columbia Gas put up the money to have the site excavated professionally by members of the KHC and UK Department of Anthropology, who spent several weeks digging at the site in Bourbon county last fall. "About 12 burials were unearthed," Sanders said.

Morgan said after a site has been excavated by archaeologists and the artifacts have been examined, the archaeologists report on their findings. The artifacts from such digs are often displayed at museums. One such exhibit is at UK's Museum of Anthropology in Lafferty Hall.

Morgan pointed out that Indians not only roamed Kentucky seasonally to hunt wild game and gather edible and medicinal plants, but eventually they built permanent settlements.

Gov. Martha Layne Collins recently honored Murray State University for preserving the Wickliffe Mounds in Ballard County, Kentucky's first National Archaeological Landmark (part of the National Historic Landmarks program). The site, which was known as Ancient Buried City while it was a privately owned tourism attraction, has been reopened to tours, Morgan said.

Sanders said it's a shame that Kentucky doesn't have any state-operated archaeology parks. "It's kind of embarrassing," Sanders said. "There are archaeology parks in Tennessee, Indiana, Ohio and West Virginia. It's one of our goals to try to become more involved in interpretive situations with the public."

Bond Increased for Richmond Cemetery Vandalism Suspect

Increase in bond for cemetery vandalism suspect
(Archived article @ Newsbank)
Brian Smith ~ The Richmond Register ~ 7/1/2010


RICHMOND — The bond for a woman accused in vandalism at Richmond Cemetery was increased Wednesday after she was accused of violating the terms of her release.

Sara Smart, 20, was charged June 21 with violating the terms of her bond and appeared in Madison District Court on Wednesday to answer the charge.

Charges of violating graves and second-degree criminal mischief against Smart and two other individuals are pending before a grand jury.

The three are accused of knocking over more than 150 grave markers in the cemetery during an April incident.

Smart had been free on a partially secured $10,000 bond since May 19.

Prosecutors agreed to dismiss the misdemeanor charge of violating the conditions of Smart’s release, and Judge Brandy O. Brown raised Smart’s bond to $10,000 cash.

3rd Richmond Cemetery Vandalism Suspect in Court

Third suspect in cemetery vandalism in court
(Archived article @ Newsbank)
Brian Smith ~ The Richmond Register ~ 6/3/2010


RICHMOND — The third person charged in connection with the destruction of approximately 150 grave markers in the Richmond Cemetery also will face a grand jury.

Sara Elizabeth Smart, 20, of Waco, saw charges of violating graves and second-degree criminal trespass sent to a grand jury following a preliminary hearing in Madison District Court.

Smart is charged along with two other people, 25-year-old Joseph Dewayne Combs, of Altamont Street, and William Damien Gross, 19, of Keri Ann Drive, in connection with the April 3 incident.

Combs and Gross waived their rights to a preliminary hearing May 19.

Detective Matt Boyle of the Richmond Police Department testified Wednesday about how Smart became a suspect in his investigation.

Boyle said all three suspects admitted that after a night of drinking at the Cherry Pit, they went to the cemetery to continue drinking.

Gross and Combs both claimed that all three were involved in the destruction of the grave markers, some of which dated back to before the Civil War.

Boyle told Smart’s attorney, Jimmy Dale Williams, that in a May 12 interview at the Jackson County Detention Center, Smart had told a similar story but said Combs and Gross were responsible for the destruction.

Smart was lodged in Jackson County on unrelated charges when Richmond police located her, Chief Larry Brock said last month after her arrest.

Madison District Judge Brandy O. Brown found probable cause following the hearing to send the case on to a grand jury for possible indictment.

Smart remains free on a partially secured $10,000 bond.

Brian Smith may be reached at bsmith@richmondregister.com or at 624-6694. For breaking news, follow Brian at www.twitter.com/RR_BSmith.

June 1999 - Fetus Taken & Grave Disturbed at KY-WV Family Cemetery

Fetus taken when graves disturbed near Inez
Greg Kocher ~ Lexington Herald-Leader ~ 6/18/1998

Martin County police are investigating the apparent removal of a fetus from one grave and the disturbance of another plot in a family cemetery on the Kentucky -West Virginia border.

"It's sick," said Martin County Sheriff Darriel Young. "I don't know why anybody would want to do something like that."

Young said the grave of "Baby Evans," a 41/2-month-old fetus who was miscarried in March, was dug up in the Dempsey family cemetery in Warfield, a small community about 10 miles east of Inez.

The parents, Jerry and Margaret Evans of Lovely, had placed the fetus in a shoebox and buried it about 18 inches in the ground, Young said.

They could not be reached yesterday.

A visitor to the cemetery discovered June 28 that the grave had been dug up.

"It's empty. The dirt is out of it and everything," Young said.

In addition, earth on the grave of Carl Fitzpatrick, who died during surgery at age 19 in 1941, appears to have been dug up and then replaced, Young said.

It is not known whether Fitzpatrick's remains are intact.

"I'd say it's just a bunch of kids doing a prank, but you can never be too sure about these things until you do a full investigation," said Martin County Coroner Rex Endicott.

Young said no arrests have been made, but his office is treating the incident as a criminal investigation. Fitzpatrick's family wants to exhume his body and move it to a Martin County location where they can keep a closer eye on the plot, said Anna Francis Perry, 74, one of four surviving sisters.

"I tell you, I can't put it into words," Perry said, her voice breaking. "It's a hard thing to deal with."

Bill Phelps of Phelps Funeral Home in Inez said he has sought permits from the state Department of Vital Statistics that would allow him to disinter, transport and re-inter Fitzpatrick's remains in the new location next week.

Some Martin Countians wonder whether the occult is involved. Young said a discarded couch in the cemetery was spray-painted with a pentagram, a five-pointed satanic symbol. In addition, the phrases "Turn your back on God" and "Anton lives" - an apparent reference to Church of Satan founder Anton Szandor LeVay, who died last year - were spray-painted on the couch.

Rick Roberts, a Paintsville paralegal who monitors occult activity, said a different grave near Warfield was robbed in 1992. Several of those buried in that cemetery were Hungarian miners who had come to work in the Kentucky coalfields, Roberts said. Phelps said the Dempsey cemetery has about 120 graves, some a century old.

He couldn't say what the motive for grave robbery would be.

"Who would know?" Phelps said. "How could you get into somebody's mind?"

Grand Jury to Hear Richmond Cemetery Vandalism Case

Grand Jury to hear cemetery vandalism case
(Archived article @ Newsbank)
Brian Smith ~ The Richmond Register ~ 5/21/2010


RICHMOND - Two men charged with violating graves in connection with a vandalism spree at the Richmond Cemetery that caused more than $40,000 in damage waived preliminary hearings Wednesday in Madison District Court.

Joseph Dewayne Combs, 25, of Altamont Street, and William Damien Gross, 19, of Keri Ann Drive, both appeared before Madison District Judge Charles Hardin on Wednesday.

The men are accused of participating in the destruction of approximately 150 grave markers and headstones at the cemetery some time on the evening of April 2 or the morning of April 3, Richmond police said.

A third person, 20-year-old Sara Elizabeth Smart of Waco, is scheduled to appear in Madison District Court on Wednesday on the same charges in connection with the incident.

Richmond Police Chief Larry Brock said Thursday that Smart was arrested in Jackson County on unrelated charges last week.

Brock said the Jackson County authorities did not realize Smart was being sought in connection to the cemetery incident until after she was arrested.

Some of the damaged headstones dated back to before the Civil War. A few of the stones shattered after being knocked over, while others were chipped or cracked, cemetery officials said.

An empty whiskey bottle was found in the cemetery the day after the incident, Brock said, and police believe alcohol may have been a factor in the incident.

Combs was arrested May 7 after an interview with investigators at police headquarters, Brock said, and Gross was taken into custody May 10.

Each man faces a single count of violating graves, a Class D felony punishable by up to five years in prison if convicted, and a misdemeanor second-degree criminal trespass charge.

The charges will now go before a grand jury for possible indictment.

Hardin did grant a motion to amend Gross’ bond from a $2,500 full cash bond to 10 percent of a $10,000 bond. If Gross posts the $1,000 to gain his release, he will be required to remain in contact with court officials as part of a monitored release program.

Combs’ bond remains set at $2,500 cash.

Brian Smith may be reached at bsmith@richmondregister.com or at 624-6694. For breaking news, follow Brian at www.twitter.com/RR_BSmith.

2 Charged, 3rd Sought in April Vandalism of Richmond Cemetery

Two men charged in cemetery vandalism - Third suspect sought by Richmond police
(Archived article @ Newsbank)
Bill Robinson ~ The Richmond Register ~ 5/12/2010


RICHMOND — Richmond Police have made two arrests and are seeking a third suspect in connection with vandalism that occurred April 2-3 at the Richmond Cemetery.

About 150 monuments and grave markers, dating from the 1850s to the early 20th century, were overturned. Many suffered damage, with some being chipped, cracked or fragmented. A few crumbled when they fell to the ground. Total damage was estimated at more than $40,000, according to Thomas J. Smith III, cemetery board chair.

Joseph Dewayne Combs, 25, of Altamont Street was arrested Friday, and William Damien Gross, 19, of Keri Ann Drive was arrested Monday, according to Richmond Police Chief Larry Brock.

They have been charged with violating graves, a Class-D felony, and second-degree criminal trespass, a Class-A misdemeanor. Both are lodged in the Madison County Detention Center, where they remained Tuesday, each on a $2,500 cash bond. A hold order from circuit court could prevent Combs’ release, even if he can post bond, a detention center officer said.

Police also are seeking Sara Elizabeth Smart, 20, of Waco and have a warrant for her arrest.

Late last week, investigators “developed information indicating that three persons were responsible for the damage,” Brock said.

Combs was arrested on Friday after an interview at police headquarters, the chief said. A warrant was obtained for Gross, and he was arrested Monday.

If convicted, the suspects could face one to five years in prison on the felony charge and up to a year in jail on the misdemeanor charge.

After the incident, the cemetery board announced a $1,000 reward leading to the conviction of the perpetrators. Brock said information provided by a confidential informant helped lead to the arrests, but was unsure if anyone was interested in the reward.

Some or all of the suspects had been drinking prior to the incident, the chief said, and a whisky bottle found in the cemetery the next day may link to the offense.

Smith said the cemetery board appreciates the “hard work that our police put into this investigation that has resulted in two arrests.” The board will be happy to pay the reward if an informant’s information leads to a conviction in the case, he said.

Eastern Kentucky University has completed repairs of the cemetery’s back fence that borders its property. Estimates also have been obtained for putting a new, higher fence along the cemetery’s west side off Baker Court, Smith said.

Bill Robinson can be reached at brobinson@richmondregister.com or at 624-6622.

(A Lex18 news station article on this piece includes video of the damage and suspects.)

Vandals Attack Historic Richmond Cemetery

Vandals Cut Path of Destruction Across Richmond Cemetery
(Archived article @ Newsbank)
Bill Robinson ~ The Richmond Register ~ 4/6/2010

Mike Rice, Richmond Cemetery's Grounds Director, looks at Victorian-era tombstone destroyed by vandals. (Photo: Bill Robinson)

RICHMOND - During the darkness Friday night or Saturday morning, vandals wreaked a path of destruction from one side of the Richmond Cemetery to the other.

About 140 markers and monuments, one more than 160 years old, were toppled. Some were broken. A few were shattered.

The trail of wreckage was reminiscent of the path a tornado cut across Madison County almost 11 months ago.

Monuments dating to the Victorian Age when soft granite material and fragile ornamentation were popular suffered greater damage than more sturdy monuments of recent times, said Mike Rice, the cemetery’s director of grounds.

Relatives arriving Saturday morning to decorate loved ones graves for Easter discovered the damage, Rice said.

The vandalism was the work of at least two to four men, Rice believes, because most of the monuments were too sturdy and heavy to be pushed over by one man, he said.

Because most of the wrecked markers were more than 110 years old, the vandalism was a crime against the county’s history as well as against the dead whose graves were disturbed, said Thomas J. Smith III, chair of the cemetery trustees.

The Richmond Police collected evidence connected to the damage, including two half-empty whiskey bottles, and continue to investigate, Smith said.

The cemetery board is offering a $1,000 reward for information leading to the conviction of anyone involved with the vandalism, Smith said.

Vandals last struck the historic cemetery on Halloween around three years ago when about 40 head stones were toppled, he said. This weekend’s damage was more severe and widespread, however.

The severity was reminiscent of damage that occurred when large trees felled by the 2009 ice storm crashed into some historic markers.

Securing an area as large as the Richmond Cemetery is difficult, Smith said, but it would be easier if Eastern Kentucky University would fulfill its part of a bargain made more than one year ago to replace the fence on the property’s south side.

The cemetery agreed to lease a narrow strip of land that borders EKU’s property in exchange for the university’s promise to replace the fence that contains holes "big enough to drive a truck through," Smith said. However, the promise has not been kept, despite repeated prodding from the cemetery, he said.

Another vulnerable area on the cemetery’s perimeter is the fence south of its Summit Street entrance, Smith said.

Although the fence along the cemetery’s western boundary is no more than four feet tall and could easily be jumped, Smith said he believes the Baker Court residences that back up to the boundary offer some measure of security.

"Vandals are less likely to go through somebody’s backyard and enter the cemetery illegally if they fear being seen by a resident of those homes," he said.

Bill Robinson can be reached at brobinson@richmondregister.com or at 624-6622.

KRS 316.130 - Embalmers & Funeral Directors: License Renewal & Education

KRS Chapter 316: Embalmers & Funeral Directors

KRS 316.130

Expiration date of license ~ Renewal ~ Continuing education required for renewal ~ Fee ~ License not transferable.

(1) No license granted under this chapter shall be issued or renewed for a period exceeding one (1) year. Every license and renewal shall expire on July 31 following the date of its issuance unless sooner revoked, surrendered, or canceled.

(2) A person may renew an embalmer's license or a funeral director's license by paying to the board a renewal fee, not to exceed one hundred dollars ($100), as set out in administrative regulations promulgated by the board.

(3) Except for the first licensure renewal following the issuance of an original license by the board, as a prerequisite for license renewal, every Kentucky-licensed embalmer and every Kentucky-licensed funeral director shall, during each licensure year, attend a minimum of four (4) hours in a continuing education program or programs approved by the board. Upon application to the board, the board may exempt a licensee from the continuing education requirements of this section if the applicant demonstrates that meeting the continuing education requirements of this section would work an undue hardship because of disability, illness, or other clearly mitigating circumstances, or if the applicant is seventy (70) years of age or older and is not actively involved in embalming or funeral directing. The board may use a portion of the annual license renewal fees for the purpose of contracting with accredited educational institutions, professional organizations, or other qualified persons to provide educational programs that meet this continuing education requirement.

(4) A licensed funeral establishment may renew its license by paying to the board a renewal fee equal to the establishment license fee.

(5) Any renewal not received by the board prior to July 31 will be assessed a late fee, not to exceed the amount of the renewal fee, as set out in administrative regulations promulgated by the board.

(6) A license granted under this chapter shall not be transferable.

Effective: July 15, 1996
History
Amended 1996 Ky. Acts ch. 149, sec. 4, effective July 15, 1996.
Amended 1990 Ky. Acts ch. 86, sec. 2, effective July 13, 1990.
Amended 1988 Ky. Acts ch. 125, sec. 8, effective July 15, 1988.
Amended 1984 Ky. Acts ch. 82, sec. 2, effective July 13, 1984.
Amended 1978 Ky. Acts ch. 313, sec. 4, effective June 17, 1978.
Amended 1964 Ky. Acts ch. 121, sec. 1.
Amended 1960 Ky. Acts ch. 52, sec. 13.
Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1599a-9, 1599a-10.

KRS 316.127 - Embalmers & Funeral Directors: Licensing & Grandfathering of Pre-2006 Funeral Homes

KRS Chapter 316: Embalmers & Funeral Directors

KRS 316.127

Licensing for establishments existing before July 12, 2006.

(1) A funeral establishment licensed on July 12, 2006, that meets the definition of a full-service funeral establishment shall be issued a license as a full-service funeral establishment. This license shall be effective until the date that the funeral establishment's former license would have expired. The funeral establishment shall be required to make an application for renewal under this chapter as a full-service funeral establishment.

(2) A funeral establishment licensed on July 12, 2006, that meets the definition of an embalming service establishment shall be issued a license for an embalming service establishment. This license shall be effective until the date that the funeral establishment's former license would have expired. The funeral establishment shall be required to make an application for renewal under this chapter as an embalming service establishment.

(3) A funeral establishment licensed on July 12, 2006, that does not meet the definition of a full-service funeral establishment or embalming service establishment shall be issued a license for a visitation and ceremonial funeral service establishment. This license shall be renewable as a visitation and ceremonial funeral service establishment license for the entire time of the establishment's existence, subject to the restrictions of subsection (4) of this section, or until the board approves the establishment's application for another type of establishment license.

(4) A visitation and ceremonial funeral service establishment that is licensed as a funeral establishment prior to July 12, 2006, shall be exempt from the requirement of ownership in whole or in part by an affiliated full-service funeral establishment. This exemption shall lapse if the visitation and ceremonial funeral service establishment is sold, ceases to exist, or engages in any activity that changes its license.

Effective: July 12, 2006
History
Created 2006 Ky. Acts ch. 112, sec. 3, effective July 12, 2006.

KRS 316.125 - Embalmers & Funeral Directors: Funeral Home Licensing, Supervision, & Restrictions

KRS Chapter 316: Embalmers & Funeral Directors

KRS 316.125

Funeral establishment license ~ Application ~ Fee ~ Each funeral establishment to be licensed separately ~ Supervision.

(1) No person shall operate a full-service funeral establishment, a visitation and ceremonial funeral service establishment, or an embalming service establishment in the Commonwealth of Kentucky without first obtaining the applicable establishment license issued by the board.

(2) The board shall issue the appropriate establishment license to an applicant who:
(a) Has paid to the board an establishment license fee, not to exceed two hundred dollars ($200), as set out in administrative regulations promulgated by the board; and
(b) Has filed with the board a sworn statement that sets out the following:
1. Name of the funeral establishment;
2. Address of the funeral establishment;
3. Type of funeral establishment;
4. Owners of the funeral establishment, indicating which owners are licensed by the board; and
5. Name and address of the Kentucky-licensed embalmer or the Kentucky-licensed funeral director who will supervise the funeral establishment pursuant to subsection (4) of this section.

(3) Each funeral establishment shall be licensed separately from any other funeral establishment.

(4) Each funeral establishment, when in use, shall be under the supervision of a Kentucky-licensed embalmer or a Kentucky-licensed funeral director.

(5) A Kentucky-licensed embalmer or a Kentucky-licensed funeral director shall not supervise more than one (1) funeral establishment at the same time.

(6) The funeral establishment shall display in a public place in the establishment its establishment license and the license of the embalmer or funeral director who supervises the establishment pursuant to subsection (4) of this section.

Effective July 12, 2006
History
Amended 2006 Ky. Acts ch. 112, sec. 2, effective July 12, 2006.
Amended 1998 Ky. Acts ch. 90, sec. 2, effective July 15, 1998.
Amended 1996 Ky. Acts ch. 149, sec. 3, effective July 15, 1996.
Created 1984 Ky. Acts ch. 82, sec. 4, effective July 13, 1984.

KRS 316.010 - Embalmers & Funeral Directors: Chapter 316 Definitions

KRS Chapter 316: Embalmers & Funeral Directors

KRS 316.010

Definitions for KRS Chapter 316
As used in this chapter, unless the context requires otherwise

(1) "Apprentice" means a person engaged in learning the practice of embalming or funeral directing who is under the instruction and personal supervision of a Kentucky-licensed embalmer or a Kentucky-licensed funeral director;

(2) "Board" means the Kentucky Board of Embalmers and Funeral Directors;

(3) "Direct burial" means the pick-up, transport, and interment of a dead human body or body parts without a funeral;

(4) "Embalmer" means a person who preserves, restores, and disinfects dead human bodies by the application of chemical substances either externally or internally, or both;

(5) "Embalming service establishment" means a place of business where dead human bodies are embalmed or otherwise prepared or held for burial, including the transportation of the bodies. An embalming service establishment shall not arrange or conduct a funeral or direct burial. An embalming service establishment may arrange for and transport dead human bodies for direct cremation purposes only under the following circumstances:
(a) On behalf of a full-service funeral establishment;
(b) On behalf of a visitation and ceremonial funeral establishment; or
(c) At the direction of a coroner;

(6) "Funeral" means the ceremonies or services related to the final disposition and interment of a human body or body parts;

(7) "Full-service funeral establishment" means a place of business where dead human bodies may be embalmed or otherwise prepared and held for burial and where funeral services may be arranged, provided, and conducted;

(8) "Funeral director" means a person who, for profit, engages in or represents himself or herself as engaged in the supervision, direction, and arrangement of funeral services, transportation, burials, and disposals of dead human bodies;

(9) "Funeral establishment" or "establishment" means:
(a) A full-service funeral establishment;
(b) An embalming service establishment; or
(c) A visitation and ceremonial funeral service establishment;

(10) "Memorial service" means a ceremony or service held in honor of a deceased human being at which there are no human remains, as defined in KRS 367.97501(13) present, and for which no license is required;

(11) "Person," as used in this chapter, includes but is not limited to an individual, partnership, firm, association, or corporation;

(12) "In use" means that funeral directing or embalming is taking place in a funeral establishment;

(13) "Courtesy card" means a card that is issued by the board to a funeral director or an embalmer from another state that gives the director or embalmer permission to receive and transport a dead human body to and from Kentucky for a funeral and to conduct funeral services and burials in Kentucky;

(14) "Supervision" means responsibility for the professional activities of the funeral establishment that requires a Kentucky-licensed funeral director or a Kentucky-licensed embalmer, as appropriate, to be on the premises when the funeral establishment is in use. If the Kentucky-licensed funeral director or the Kentucky-licensed embalmer is unable to be on the premises due to a reasonable circumstance, then the Kentucky-licensed funeral director or the Kentucky-licensed embalmer shall be within a reasonable proximity to the funeral establishment so that upon contact the funeral director or embalmer is able to immediately return to the funeral establishment; and

(15) "Visitation and ceremonial funeral service establishment" means a location from which a funeral establishment may provide all services except embalming within either the same or adjoining county as that served by an affiliated full-service funeral establishment. The visitation and ceremonial funeral service establishment shall be owned in whole or in part by the affiliated full-service funeral establishment, and shall be located sufficiently close to the full-service funeral establishment to share administration and services in a manner that renders it unnecessary for the visitation and ceremonial funeral service establishment to independently meet the minimum licensure requirements for a full-service funeral establishment. A full-service funeral establishment may own and operate more than one (1) visitation and ceremonial funeral service establishment.

Effective: July 12, 2006
History
Amended 2006 Ky. Acts ch. 112, sec. 1, effective July 12, 2006.
Amended 1998 Ky. Acts ch. 90, sec. 1, effective July 15, 1998.
Amended 1996 Ky. Acts ch. 149, sec. 1, effective July 15, 1996.
Amended 1984 Ky. Acts ch. 82, sec. 1, effective July 13, 1984.
Amended 1960 Ky. Acts ch. 52, sec. 1, effective June 16, 1960.
Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1599a-1.