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Corpse a hostage in funeral dispute
Updated: Friday, 06 Nov 2009, 11:50 PM MST
Published : Friday, 06 Nov 2009, 11:50 PM MST

Reporter: Michael Herzenberg
Web Producer: Bill Diven
LAS VEGAS, N.M.(KRQE)- The grieving relatives of Leona C. De Baca went shopping for a funeral and now say their grief is being compounded by a mortuary director who refuses to release the woman's body.

It was hard to imagine: Their mother died, her body was taken to a funeral home and then they couldn't get it back. Yet that's exactly what was going on this week until KRQ News 13 reporter Michael Herzenberg got involved.

"She loved her husband, loved her kids, loved all her grandkids, Vicente C de Baca said while choking back tears about his mother.

He and his sister, Michele Gallardo, are grieving over the loss of their Mom.

"She was fighting up until the very end," Gallardo said.

Leona C de Baca, 66, passed away last week.

"I came up here because she was in the hospital," Gallardo said. "I didn't come up here expecting a funeral."

And she didn't get one when funeral director Billy Rogers held C de Baca's remains pending a payment of $625.

"My mother's body's being held hostage for lump some of $600 that we couldn't come up with, craziness," said the siblings.

The family hired the Gonzales Funerals and Cremations Mortuary in Las Vegas to handle the arrangements.

"All I want is paid for my services," Rogers told News 13. "I sat with this family for two hours in my conference room, completed all the paperwork with them, and coordinated, got everything ready to go for the cremation.

"There was a signed contract."

The funeral contract signed by Leona C de Baca's infirm husband, Louie, had a price tag of nearly $2,000 to be paid up front. Family members didn't have the cash, so her children found another funeral home that would accept a payment plan.
"We decided to go somewhere else that will work with us, but he's refusing to let go of the body because we owe him money," Gallardo said.

Rogers told the grieving family they owed him $150 for transporting the body and $475 for basic services. Just to make sure he gets paid, he held Mrs. C de Baca's remains as collateral.

"I'm a professional; I'm not a plumber," Rogers said. "I can't go into a car dealership or furniture store and walk out with it and say I'll pay for it later when I can afford it.

"I'm willing to wait this thing out."

So the body of Leona C de Baca remained safely locked up in the funeral home's cold storage.

"He is putting us through hell really all for a dollar sign," Vicente C de Baca said.

"I can't believe that there's people out here that would do that, especially at a time when we're mourning," his sister added.

Sterling Leishman, president of the New Mexico Funeral Service Association, said mortuaries have the right to charge what they want, but holding a body hostage is unethical.

"You hear of it from time to time; I don't think it's a regular practice," Leishman said. "A body is personal property, and it belongs to the family."

The National Funeral Directors Association agrees saying its members must turn over human remains upon request of the family "without requiring payment," according to its Code of Conduct.

Rogers says he's not breaking the law, and in fact, New Mexico statutes actually allow funeral homes to hold bodies as collateral until the mortuary fees have been paid.

"We need to change the statute that allows morticians to essentially hold a body ransom until they receive payment," state Rep. Al Park, D-Albuquerque, said. Park, chairman of the House Judiciary Committee, said he'll work to bring this New Mexico law up to national standards.

Corpse a hostage in funeral dispute
Updated: Friday, 06 Nov 2009, 11:50 PM MST
Published : Friday, 06 Nov 2009, 11:50 PM MST

Reporter: Michael Herzenberg
Web Producer: Bill Diven

The real irony of this report is Billy Rogers is a board member of Thanatopractice (funeral service)...beforewarned, there are a few unscrupulous funeral home in the Albuquerque area....e.g. Reflections, Salazar & Sons, and Gabaldon mortuary....

I don't think that someone's loved one should be held hostage because of inability to pay. He should have worked with the family and set up a payment arrangement for them. we have always taken our family members to Salazar's and there was at times no insurance, they did work out a payment plan with us. When James died there were some complications, and the one thing that we wanted most was an open casket, to be able to say our final good-byes. They showed us the most respect and did everything so that there was an open casket. They were very kind to us. We have never had a problem with them. I guess everyone's experience may be different, but it should never compound a person's grief over their loss.

This family was taken hook, line, and sinker from this mortuary. Simply, a payment plan could of been worked out and everybody wins....a dead human body is private property in the state of NM....no one can use a family's dead loved one as collateral......shame, shame on the NM Board of Thantatopractice.....the board has a close nit group of people that allow this kind of insult to occur......

A payment plan is the way to go. Shame on him for not allowing it.

So, is the funeral home holding the body or the ashes? Six hundred dollors is not that much to have to come up with. Surely by now they could have raised that much. And I side with the Funeral Home, they are a business, not a charity. I'm sure they come upon this all the time. If you owe someone, you should pay your bill. They should have looked around before signing the contract. Seems they got let out of the contract, that is enough. All he wants is what he's owed for what he has done. You don't have your car towed to a shop, have a mechanic tear into it to tell whats wrong, and then decide to go elsewhere cheaper, and not have to pay for the mechanics time. Same thing.
I'm sorry they are hurting, it's terrible to lose a loved one, but now they have to be resposible and take care of things. And yes, I'm mean. Sorry.

Fed Up wrote:

So, is the funeral home holding the body or the ashes? Six hundred dollors is not that much to have to come up with. Surely by now they could have raised that much. And I side with the Funeral Home, they are a business, not a charity. I'm sure they come upon this all the time. If you owe someone, you should pay your bill. They should have looked around before signing the contract. Seems they got let out of the contract, that is enough. All he wants is what he's owed for what he has done. You don't have your car towed to a shop, have a mechanic tear into it to tell whats wrong, and then decide to go elsewhere cheaper, and not have to pay for the mechanics time. Same thing.
I'm sorry they are hurting, it's terrible to lose a loved one, but now they have to be resposible and take care of things. And yes, I'm mean. Sorry.

Yes indeed you are mean. There are things and circumstances that businesses need to work with at times. I am sorry I don't agree with you. This one of the reasons business people get such a bad rap because they are unwilling to work with anyone. If Garduno's can work out a payment plan with the state and IRS then this funeral home sure can work something out with some compassion to these people. Donate the money to the family for charity and take it off on taxes, be labeled a hero and instead of a monster. You might get more business that way, but as it is, doing it this way, not only will he have to wait for the money but his reputation and business will suffer. Really good business practice.

Fed Up wrote:

So, is the funeral home holding the body or the ashes? Six hundred dollors is not that much to have to come up with. Surely by now they could have raised that much. And I side with the Funeral Home, they are a business, not a charity. I'm sure they come upon this all the time. If you owe someone, you should pay your bill. They should have looked around before signing the contract. Seems they got let out of the contract, that is enough. All he wants is what he's owed for what he has done. You don't have your car towed to a shop, have a mechanic tear into it to tell whats wrong, and then decide to go elsewhere cheaper, and not have to pay for the mechanics time. Same thing.
I'm sorry they are hurting, it's terrible to lose a loved one, but now they have to be resposible and take care of things. And yes, I'm mean. Sorry.

Why couldn't they have had a contract with payments?$650 may not be much for you but that is one weekly paycheck for me and I take care of 7 people. We all chip in but, dang man, it still is stressful. A mortician isn't going to go out of business as we are all going to need one eventually. Soc. Sec. will pay $250, eventually, and all they really needed is $400, which is still a bit of change for some. A payment plan would have sufficed.

As for being mean, yeah, you are.

Dignity , solemanity and refinement are the paramont importance in every mortuary, but a truly sympathetic understanding of the mental trauma of the survivors is ever more so....Some of NM mortuaries put up a facade of caring for the deceased, but in reality, it is all show and no action. No Mortuary has the right to hold a body hostage or for collateral, for it is personal property of the family, not the Mortuary....this mortuary has no standards or dignity....

The mortician had a contract - signed by the clients wilingly - he has a right to do what is needed to receive his payment, period.

If the family could not afford the service they should have worked out a payment plan or sought out another service BEFORE they signed a legally binding contract.

Markus Andras wrote:

The mortician had a contract - signed by the clients wilingly - he has a right to do what is needed to receive his payment, period.
If the family could not afford the service they should have worked out a payment plan or sought out another service BEFORE they signed a legally binding contract.

So you say, tough to the family huh? No money, no loved one. After all the loved one is just going to be wormfood right. Maybe if you put yourself in their shoes. Better yet why don't people here donate and help pay the bill show the business and people like you what compassion is all about.

He can't just take them to small claims court like everyone else would (like everyone else has to, we don't have the ability to confiscate something and hold it ransom, neither should he.)

I would be willing to donate first, even a couple of dollars. Maybe the business man will be in a similar situation one day with something else and no one will come to his rescue. Sometimes when we do stuff like this to others who might need help, it comes back to us so much worse. I wouldn't be surprised if he was homeless before long himself, wondering why no one is giving him the time of day. Well dude, when that happens, it was just business :)

JosephOne wrote:

I would be willing to donate first, even a couple of dollars. Maybe the business man will be in a similar situation one day with something else and no one will come to his rescue. Sometimes when we do stuff like this to others who might need help, it comes back to us so much worse. I wouldn't be surprised if he was homeless before long himself, wondering why no one is giving him the time of day. Well dude, when that happens, it was just business :)

Joseph, I can sense that you understand the pain and mental anguish the family is going through. It is appreciated that you care.
A follow-up, another Mortuary has assumed responsibility of the decedent and is willing to work with the family. It has now been over 2 weeks now that the mortuary held the body and the family now has to start from beginning with arrangements to see that their Mother is given a proper, dignified funeral, whether it be traditional or cremation. This event should of never gone this far and caused untold grief for this family. It would not surprise me if this funeral home goes out of business because of poor service to the community. People in close knit communities don't forget indignities done to them....this is so criminal yet so very sad....

JosephOne wrote:

<quoted text>
So you say, tough to the family huh? No money, no loved one. After all the loved one is just going to be wormfood right. Maybe if you put yourself in their shoes. Better yet why don't people here donate and help pay the bill show the business and people like you what compassion is all about.

Joseph, you are talking to the Cowardly Lion from the Land of Oz, Markus Andrus has no heart.

skinwalker wrote:

<quoted text> Joseph, I can sense that you understand the pain and mental anguish the family is going through. It is appreciated that you care.
A follow-up, another Mortuary has assumed responsibility of the decedent and is willing to work with the family. It has now been over 2 weeks now that the mortuary held the body and the family now has to start from beginning with arrangements to see that their Mother is given a proper, dignified funeral, whether it be traditional or cremation. This event should of never gone this far and caused untold grief for this family. It would not surprise me if this funeral home goes out of business because of poor service to the community. People in close knit communities don't forget indignities done to them....this is so criminal yet so very sad....

I certainly do hope that they go out of business. When you loose a loved one it feels as if your heart has been torn out of you, regardless of age. Then to have to be subjected to such cruelty by this mortuary is devastating to a family.

JosephOne wrote:

<quoted text>
So you say, tough to the family huh? No money, no loved one. After all the loved one is just going to be wormfood right. Maybe if you put yourself in their shoes. Better yet why don't people here donate and help pay the bill show the business and people like you what compassion is all about.

I have had loved ones die; did that stop me from doing my due diligence? No, I took care of business.

I could understand if they agreed to one price verbally and the mortician changed it underhandedly - then held the body hostage; but that's not what he did. Both parties agreed to the terms of the contract and both parties should be held responsible.

Even during times of emotional distress you are responsible for your actions.

Redviffer wrote:

He can't just take them to small claims court like everyone else would (like everyone else has to, we don't have the ability to confiscate something and hold it ransom, neither should he.)

So if a repair shop repaired your motorcycle and you couldn't pay the price they gave you on the estimate you agreed to up-front, you wouldn't expect them to hold onto your cycle until you could pay?

Like so many other people now-a-days, you buy something, you make a committment, you sign a contract, then walk away. Is nobodys word any good anymore? Is it ok to just walk away from your resposibilities because 'I don't have the money?'
Gee, banks loan money, title companies loan money,
private individuals loan money. There are ways to get the money you owe, not just stand there and whimper.