Coroner Indicted On Theft Charges

Coroner Indicted On Theft Charges

Posted in the Somerset Forum

MMXXII

Somerset, KY

#1 Jul 4, 2012
From the Commonwealth Journal 7/04/12
 

A grand jury has indicted Pulaski County Coroner Richard New on more than 20 counts of theft stemming from his employment at Lake Cumberland Funeral Home — but New’s attorney says it comes at a curious time. 
Kentucky State Police Trooper Don Trosper, who serves as public information officer for the agency, confirmed Tuesday afternoon that a Pulaski County grand jury on Tuesday indicted New on 26 counts of theft. 
The indictment has not yet been obtained by the Commonwealth Journal.
The investigation is being carried out by Trooper Billy Correll, with KSP Post 11, London. 
Trosper stated through an e-mail to the Commonwealth Journal that the indictment stems from several alleged thefts,“... over a nine-year time span, totaling approximately $60,000.”
Trosper stated that the alleged thefts took place at New’s former place of employment. 
 New was fired from Lake Cumberland Funeral Home in May 2011, and the funeral home’s board, through attorney Bruce Orwin, initially said little about the reasons behind New’s termination except to say that the board had decided to make some changes in terms of management. 
New has been operating the Pulaski County Coroner’s Office from the old Pulaski County Courthouse since his termination from the funeral home. 
“We have been made aware that Richard’s former employer has arranged for charges to be brought against him by a prosecutor out of Williamsburg, Kentucky — Mr. Allen Trimble,” said New’s attorney, John Gillum, through a statement provided Tuesday to the Commonwealth Journal.“Although I have not seen any indictment, I have been made aware that his former employer now alleges that (New) was stealing from them.”
The case is being prosecuted by Whitley and McCreary County Commonwealth’s Attorney Allen Trimble. A message left for Trimble Tuesday at his home in Corbin was not returned by press time.
Gillum further stated that the timing of the indictment is suspect. 
Along with his duties as corner, New is now operating Southern Oaks Funeral Home, located on the Ky. 914 Bypass. 
“The timing of these allegations is certainly curious and coincidental considering that (New) has just opened a new, competing funeral home,” Gillum stated. 
Orwin, contacted by phone Tuesday, said Lake Cumberland Funeral Home’s board of directors had nothing to do with the indictment’s timing. Orwin also stated that New was terminated from his position at Lake Cumberland Funeral Home after the board “discovered some financial irregularities and immediately contacted law enforcement.”
Orwin said KSP brought in a forensic accountant to scan the funeral home’s financial records.
“They found a number of things the board didn’t know about,” Orwin said.“There were other things the state police found on their own.
“They (KSP) did an extremely thorough job,” Orwin added.“That’s why it (the investigation) took so long. We showed them (KSP) what we had found and we left it up to them.”
Orwin also said none of the alleged financial irregularities involved Lake Cumberland Funeral Home’s clients’ trust account, which includes pre-planning accounts. 
“None of that was affected at all,” Orwin said.“All the money was the funeral home’s money.”
Gillum said that he’s sure New will be exonerated of the theft charges.
“Although we have not had the opportunity to review the indictment, we are confident that (New) will be vindicated once all of the facts come out,” Gillum said. 
 
CJ News Editor Jeff Neal contributed to this article
 
 
whatt

London, KY

#2 Jul 4, 2012
wow sounds like a big mess for someone
Something Smells

Somerset, KY

#4 Jul 5, 2012
I'd very much like to know how long after Mr New was let go from LCFH before the KSP was called in to do this investigation.How long was those financial books in someone else's hands before KSP got them? We all know that financial records can be doctored by anyone whose hands they may be in now. I find it hard to swallow that Mr New would invest in building a New place of business if he had any inkling that he would be indicted for any wrong doing. Something smells!

Level 5

Since: Nov 10

Location hidden

#8 Jul 8, 2012
Let me sort this out in my mind.In somerset when someone steals from a business,it is embezzlement,but when the same thing happens to Joe public it is a civil matter.And we have to get a lawyer.Does not seem like a fair law to me.I thought "the law was for the protection of the people".

Level 4

Since: Jun 12

London, KY

#10 Jul 10, 2012
Gomer-ez wrote:
Let me sort this out in my mind.In somerset when someone steals from a business,it is embezzlement,but when the same thing happens to Joe public it is a civil matter.And we have to get a lawyer.Does not seem like a fair law to me.I thought "the law was for the protection of the people".
Life isn't fair. I guess our forefathers thought since your an individual you will look out yourself better than if your a business where there are plenty of people who have a chance to take money from you.

Sort of makes since. Sucks either way.
hello

London, KY

#11 Jul 10, 2012
i sure hope he is held for what he has done,,an to open another ,wow thats got to be great for their business,
agatha

London, KY

#12 Jul 10, 2012
Southern oaks seems to be doing okay. Look at their website at the number of funerals done since open.

Level 4

Since: Jun 12

London, KY

#13 Jul 10, 2012
Richard will pull through this no matter what happens. Like I said I know the man, and I believe him innocent. Most people who know him will believe the same thing.

That however doesn't make him innocent, and if he is judged guilty then he will have to pay just like anyone else.

That however doesn't mean that this new Funeral Home of his will come tumbling down. I am sure he isn't the only investor and they shouldn't go broke for his problems. Nor should the people who have a job there lose it. Either way I don't see it shutting its doors anytime soon.

It is the newest place in townm I haven't been there but I would imagine it looks very nice. Why would someone want to go somewhere else if they are fair about prices?
Michael Scott

London, KY

#14 Jul 10, 2012
Gomer-ez wrote:
Let me sort this out in my mind.In somerset when someone steals from a business,it is embezzlement,but when the same thing happens to Joe public it is a civil matter.And we have to get a lawyer.Does not seem like a fair law to me.I thought "the law was for the protection of the people".
Here is the thing if you steal from someone and it can be proven it's not a civil matter if you press charges...when it's over a certain dollar amount. If you are working for someone and you take money like they are accusing Richard of then it's embezzlement. You make it sound as though this only happens in Somerset...it's everywhere. If someone steals $60,000 from you and you have proof...enough that a Grad Jury believes you or the county prosecutor then they will be charged with a crime. Guess what in both cases if they are or aren't convicted you can still go after them in civil court in an attempt to get the money back.

Level 4

Since: Jun 12

London, KY

#15 Jul 10, 2012
Michael Scott wrote:
<quoted text>
Here is the thing if you steal from someone and it can be proven it's not a civil matter if you press charges...when it's over a certain dollar amount. If you are working for someone and you take money like they are accusing Richard of then it's embezzlement. You make it sound as though this only happens in Somerset...it's everywhere. If someone steals $60,000 from you and you have proof...enough that a Grad Jury believes you or the county prosecutor then they will be charged with a crime. Guess what in both cases if they are or aren't convicted you can still go after them in civil court in an attempt to get the money back.
From my understanding it is easier to prove in Civil court than in a Criminal court. And if you lose in Criminal court it hurts your case a lot of times. So either they are sure he did it and want to hit him up on both or they are just trying to hurt his name. Either way this will play out and we will know when it goes to court.
Michael Scott

London, KY

#16 Jul 10, 2012
DaGasssMan wrote:
<quoted text>
From my understanding it is easier to prove in Civil court than in a Criminal court. And if you lose in Criminal court it hurts your case a lot of times. So either they are sure he did it and want to hit him up on both or they are just trying to hurt his name. Either way this will play out and we will know when it goes to court.
Yes and no...Losing in criminal court doesn't mean as much as you think. Look at OJ...lost in criminal but not in civil. There is no 'beyond reasonable doubt' in civil. If you can prove the person had the opportunity to take something but there is some circumstantial evidence that the police can't bring into court...it sometimes can be in civil. Does it hurt the case? A little but it doesn't kill it. Naturally you would want to win in the criminal to use it as evidence in the civil. But what I think is going on here is they are want him held accountable for the crime more than the money. I mean how long has it been since he was let go and the owners of LCFH haven't seemed to worried about the case otherwise it would have been pushed harder before now. Besides like I said you get a conviction you get a win in civil...provided you didn't bankrupt the guy in the criminal case.

Level 4

Since: Jun 12

London, KY

#17 Jul 10, 2012
Well I imagine if he wins the criminal case he will sue them for trying to ruin his name. It runs both ways.

It is certainly a hell of a mess. And if it was done purely to punish a man for trying to start up his own business I hope they get theirs. Just like if he did it I hope he gets his.

I know him but if you do something and get caught you should be liable.
Michael Scott

London, KY

#18 Jul 10, 2012
If this goes to trial and he wins it would be a waste of his money to sue the state for ruining his name....he has to prove it was ruined. He might be able to if he lost an election but that isn't an easy thing to do. He couldn't sue LCFH (he could try) but they aren't the ones that are handling the criminal part. They just reported. He would have to prove that they fabricated the whole thing. Most time people spend so much money on staying out of jail they can't afford to risk going after money from those prosecuting etc. etc. That is why it is smarter to do the civil case after the criminal one is over.

I don't know him nor anything about this case just what has been reported...I don't have a feel one way or the other but I am just like you if he did it - pay for it. If he didn't and they LIED about it I hope they pay for it. But I suspect there is something going on.....pretty ballsy to go after a guy just because he opened up something in competition with you.
Level 5

Since: Mar 12

Location hidden

#19 Jul 14, 2012
Hell, this is Somerset, known as Soap Opera City.

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