A former funeral home director from Brownstown who recently pleaded guilty to 25 counts of wrongful disbursement of funeral trust funds of approximately $200,000 received a two-year suspended sentence Tuesday afternoon in Jackson Circuit Court.
A 26th charge — corrupt business influence — against James D. Weesner, who now lives in Indianapolis, was dismissed as part of the plea deal, approved by Jackson Circuit Court Judge Richard W. Poynter.
The sentence called for Weesner to receive four years on each count, 15 Class C and 10 Level 5 felonies with all suspended.
Winklepleck-Weesner Funeral Home ceased operations in August 2017, about the time the investigation began, after Weesner didn’t renew the annual state license at the end of 2016. He owned and operated the 72-year-old funeral home since the death of his father, James Weesner Sr., in October 2006.
Weesner, represented by James Paul Troiani of Indianapolis, will serve his sentence in an assisted living facility, from which he will be barred from checking himself out.
At the time of his arrest, Jackson County Prosecutor Jeff Chalfant said Weesner was in such poor health that officials were unsure the Jackson County Jail in Brownstown could accommodate his medical needs.
During Tuesday’s hearing, Troiani claimed his client had suffered a heart attack in 2018 and multiple strokes since then.
Troiani also believed Weesner suffered from multiple illnesses, including dementia, which affected his ability to remember events from during this time.
During the hearing, Weesner apologized to the victims of his crimes.
“I’d like to apologize for putting you all through this,” Weesner said. “To all the families affected, the individuals, my family, I’m deeply sorry. I hope you’re all able get your money back.”
The Indiana State Police Organized Crime and Corruption Unit’s investigation determined Weesner stole approximately $200,000 from 20 victims as funeral home director.
That investigation, which also involved the Brownstown Police Department and Jackson County Sheriff’s Department, began in August 2017 after the initial victim reported money missing from a preneed trust.
The initial report about the missing funds came from Marcia Hatton, who spoke during the hearing.
Hatton’s father passed away and had a prearranged funeral at Weesner’s facility. Afterwards, Hatton claimed Weesner continually pressed the family for money.
“Jim put us through a lot. It was very difficult,” she said.
Hatton said Weesner, who was previously a trusted family friend, repeatedly lied to her and her mother throughout the process. She said the incident felt like a “slap in the face” to her deceased father because of the relationship between the two.
She said her mother also prepaid for funeral services and that money is missing.
Court records show Weesner took the funds without establishing the trusts between Nov. 10, 2004, and Nov. 22, 2016.
Police believe Weesner kept the money for personal use, said Indiana State Police Sgt. Stephen Wheeles, public information officer for the Versailles Post.
An investigation into the initial complaint by the Indiana Attorney General’s Office determined Weesner had not had a certificate of authority to sell prepaid services since 2004.
Troiani later transferred $28,235.88 Weesner received from the sale of the funeral home to be held in a trust by the court for possible restitution once the case was resolved, Chalfant said.
Chalfant recently sent a letter to the 25 individuals or families that he knows purchased a funeral trust from Weesner. That letter outlines a plan of restitution for those people.
The Indiana Attorney General’s Office administers a fund for restitution. To obtain a form to apply a verified complaint requesting restitution from the preneed consumer protection fund, visit in.gov/pla/3691.htm.
Victims must have prepaid for a funeral trust and documentation. Also, the funeral home must have committed fraud, such as by not funding the trust and restitution is not available until time of death.
The purchaser of a preneed contract also can take their documents to the funeral home they want to use and let them know about the first funeral home not funding their contract.
Chalfant said it’s his understanding that local funeral homes are willing to assist victims with handling the details of obtaining restitution.
Despite these negative experiences, Chalfant still sees benefits in prearranging a funeral.
“Funeral trusts can be a good estate planning tool. Prepaying funeral costs and choosing burial options in advance can prevent anxiety and stress at the time of death,” he said.
The Indiana State Police Organized Crime and Corruption Unit was assisted by the Indiana State Police Versailles Post, Jackson County Sheriff’s Department, Brownstown Police Department, Jackson County Prosecutor’s Office and Indiana Attorney General’s Office.
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To obtain a verified complaint restitution from the preneed consumer protection fund, visit in.gov/pla/3691.htm.
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