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Tuesday, June 1, 2010

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?"

Saturday, May 22, 2010

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.


Thursday, May 13, 2010

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.)

Wednesday, April 7, 2010

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.

Thursday, January 7, 2010

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.

Wednesday, January 6, 2010

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.

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