Former Girard funeral director pleads guilty to 11 charges, could get prison time

Staff report

WARREN

Robert J. McClurkin, the older of the two McClurkin brothers who ran the former McClurkin Funeral Home in Girard, pleaded guilty Wednesday to 11 charges related to the theft of about $450,000 from customers who bought prepaid funeral arrangements.

Robert McClurkin, 51, of South State Street in Girard, will be sentenced later by Judge W. Wyatt McKay of Trumbull County Common Pleas Court and could get three years in prison if he fails to make full restitution to his victims, according to a plea agreement.

Robert and his brother Patrick McClurkin, 49, of Abby Street in Girard, are jointly responsible for paying back $204,268 still owed to 33 customers, said Diane Barber, an assistant county prosecutor.

An insurance company has reimbursed the 42 other customers, Chuck Morrow, another assistant county prosecutor, said in May when Patrick was sentenced to 90 days of house arrest and five years’ probation for his part in the scheme.

Patrick also was ordered to begin to pay $500 per month starting May 20 and pay the entire $204,268 by June 1, 2017.

Robert’s plea agreement says prosecutors will recommend Robert receive a “term of confinement at sentencing,” even if the restitution is paid. That could take the form of jail time, for example, and will be Judge McKay’s decision, Barber said.

Robert was convicted of more charges than Patrick and a charge more serious than any of Patrick’s charges because he was the main operator of the funeral home, Barber said.

He pleaded guilty to theft from an elderly person or disabled adult, grand theft, theft, tampering with records, forgery and violations of pre-need funeral contracts.

The McClurkins accepted $450,000 from customers dating back to 1996 to provide pre-paid funeral arrangements but failed to secure insurance policies or annuities or place the funds in trust for the customers, prosecutors said. Instead, they used the money for other things.