McClurkin pleads to reduced charges, agrees to testify against brother


By Ed Runyan

runyan@vindy.com

WARREN

Patrick J. McClurkin, the younger of the two McClurkin brothers charged with defrauding more than 50 customers of their former McClurkin Funeral Home of Girard, has pleaded guilty to reduced charges and will be sentenced later.

Patrick McClurkin, 48, of Abbey Street in Girard, appeared before Judge Ronald Rice of Trumbull County Common Pleas Court on Friday and pleaded guilty to five charges that could result in a prison term of up to 81/2 years.

In exchange for testimony against his brother, Robert J. McClurkin, 50, Patrick McClurkin might get only probation instead of jail time, according to his plea agreement.

Patrick McClurkin will be sentenced after the case against his brother concludes. Robert McClurkin, of South State Street, Girard, is scheduled for his next pretrial hearing at 8:30 a.m. Feb. 11 before Judge W. Wyatt McKay.

Robert McClurkin faces 10 more charges than Patrick McClurkin and could get more than 40 years in prison if convicted.

Another local funeral director accused of similar crimes at another funeral home, Robert P. McDermott Sr., 51, of Niles, received a three-year prison sentence in June after pleading guilty to 10 charges involving theft of more than $250,000 from more than 50 customers.

Indictments unsealed in December 2013 accused the McClurkin brothers of offering prepaid funeral services to more than 50 customers dating back to February 1996 and failing to secure insurance policies or annuities or place the funds in trust for the customers.

Instead, they used the roughly $400,000 for other things, the indictment says.

Patrick McClurkin was facing 10 charges — corruption, theft, grand theft, theft from an elderly person and six counts of violating laws relating to prepaid funeral arrangements, but half of those will be dropped in exchange for his plea and cooperation with prosecutors.

Patrick McClurkin pleaded guilty Friday to theft from an elderly person, grand theft, theft and two counts of violation of pre-need funeral contracts.

Chuck Morrow, assistant Trumbull County prosecutor, said one of the primary conditions of Patrick McClurkin’s sentence — restitution to the victims — has already been “significantly” met. Restitution will be shared among both McClurkins, the agreement says.

Morrow has said in the past that a couple of insurance companies that operate in the pre-need funeral arrangements business have made restitution to victims. It’s not clear how much the McClurkins are expected to pay.

Patrick McClurkin’s plea agreement calls for him to testify truthfully in any trial that might result from the case against his brother and to take a lie-detector test if necessary.