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Younger McClurkin Funeral Home owner escapes prison time for theft of pre-needs money from 75 customers
By Ed Runyan
WARREN
Patrick J. McClurkin, the younger of the two McClurkin brothers prosecutors say stole about $450,000 from 75 customers of their former McClurkin Funeral Home in Girard, walked out of court Wednesday in handcuffs and headed to the Trumbull County Jail.
But that was only so McClurkin, 49, of Abbey Street in Girard, could be fitted with a monitoring device and immediately serve 90 days of house arrest. The rest of his punishment for the thefts will be restitution and five years’ probation.
Judge Ronald Rice of the county’s common pleas court ordered that McClurkin begin to pay $500 per month starting May 20 and make restitution of $204,268 to 33 victims by June 1, 2017. McClurkin could get 8.5 years in prison if he violates his probation.
The $204,268 is the amount that still is owed to 33 customers who have not been reimbursed by an insurance company that compensated the other 42 customers, said Chuck Morrow, assistant county prosecutor.
Judge Rice said McClurkin must abide by a number of other terms of his probation, such as testify truthfully at the trial of his brother, Robert J. McClurkin, 51, of of South State Street, Girard; perform 500 hours of community service; write an apology to all of the victims; stay out of bars; and adhere to a midnight to 7 a.m. curfew.
The McClurkins are accused of accepting $450,000 from customers dating back to 1996 to provide pre-paid funeral arrangements but failing to secure insurance policies or annuities or place the funds in trust for the customers. Instead, they used the money for other things, prosecutors said.
Patrick McClurkin’s attorney, Jeff Goodman, said Patrick McClurkin was the mortician for the business and was caught somewhat unaware that the money was not being handled properly until the “news broke” about the funeral home’s license being suspended by the Ohio Board of Embalmers and Funeral Directors over the issue.
“A lot of this information was news to Pat,” Goodman said of the revelations that the funeral home had mishandled customers’ money.
Goodman said Robert McClurkin was “running the business” and was the agent for Columbian Financial Group, through which he sold the pre-need policies.
Morrow said he could not comment on the accuracy of Goodman’s statements because Robert McClurkin’s case is pending.
Patrick McClurkin pleaded guilty more than a year ago before Judge Rice to theft from an elderly person, grand theft, theft and two counts of violation of pre-need funeral contracts. He could have gotten more than eight years in prison.
When asked whether the McClurkin brothers have paid any of stolen money back to customers, Morrow said he also cannot answer that question because of the other case. Robert McClurkin’s case is set for trial Aug. 29 before Judge W. Wyatt McKay.
He is facing a much longer list of charges than Patrick McClurkin – 20 counts of theft, theft from an elderly person, record tampering, forgery, violating pre-need contracts and engaging in a pattern of activity. If convicted, he could get about 40 years in prison.
None of the defrauded customers attended the hearing, despite being notified.