By William R. Toler

[email protected]

ROCKINGHAM — A former funeral home director has pleaded guilty to a fraud charge after being accused of mishandling remains two years ago.

Larry Wayne Russell entered an Alford plea Aug. 10 to one charge of obtaining property by false pretenses as part of plea arrangement, according to court documents. In turn, six additional fraud charges against Russell were dismissed.

In an Alford plea — named for a 1970 U.S. Supreme Court case stemming from North Carolina — a defendant does not admit to committing the crime or crimes in question, but does admit that evidence from the prosecution has a high probability of persuading a judge or jury to find the defendant guilty beyond a reasonable doubt.

A prayer for judgement was continued for sentencing until the Sept. 14 term of Superior Court, pending Russell’s assistance to the Richmond County Sheriff’s Office in locating the remains of Betsy Marsh.

Court documents also show that “all restitution shall be reduced to a civil judgement save and except the cost for proper disposal of the body…”

The N.C. Board of Funeral Service is listed as an aggrieved party on a restitution worksheet, requesting $25,755.

Russell was owner and operator of the Russell-Marks Funeral Home in Rockingham, which the state funeral board shut down in August 2013 after investigating a series of complaints alleging bodies were mishandled and death certificates were not filed.

An arrest warrant for Russell states that Debbie Bibee paid $2,478 to have Betsy Marsh’s remains cremated and that Russell signed a death certificate stating that Argyll Crematory performed the service.

Russell presented Bibee with a temporary container from the crematorium around May 14, 2013, but according to the Board of Funeral Service, the container was marked with an incorrect date of death for Marsh. Regulators found that Russell never retained Argyll Crematory’s services to cremate Marsh’s body.

Officials said Russell vanished after failing to attend a Board of Funeral Service hearing to suspend his license in August 2013 and had not responded to repeated inquiries from state funeral regulators.

Russell had previously told the Daily Journal that the investigation centered on a dispute over payment. Russell said he halted at least one cremation when family members withheld part of the fee.

Officials said numerous clients filed formal complaints against Russell and his business, alleging cremations that went unperformed, death certificates that were not filed and pre-need contracts that were not honored.

Rockingham police found Virginia Jones’ remains inside the funeral home “surrounded by scented candles with partial decomposition of one hand,” according to the Board of Funeral Service.

Results of a board investigation found that Russell “failed to treat the human remains of Betsy Marsh and Virginia Jones with respect at all times” and that his “conduct constitutes gross immorality in the practice of funeral service.”

Officials told the Daily Journal in September 2013 that Jones’ body should have been cremated.

Russell received a summary of suspension in June 2013 and a hearing was scheduled for Aug. 14. Records show that Russell was suspended the next day after regulators said the defendant didn’t show up.

Board of Funeral Service Executive Director Peter Burke said about $63,000 in payments Russell received for pre-need contracts was unaccounted for because the contracts were either violated or not properly filed.

Russell was arrested by Franklin County sheriff’s deputies in late September of last year.

Reach reporter William R. Toler at 910-817-2675 and follow him on Twitter @William_r_Toler.

Russell
https://www.yourdailyjournal.com/wp-content/uploads/2015/08/web1_LARRY-WAYNE-RUSSELL1.jpgRussell

By William R. Toler

[email protected]