LOUISVILLE, Ky. (WDRB) -- A Jeffersonville funeral home director charged with theft asked a judge to let him go home during his first court appearance.
Randy Lankford appeared in Clark County Court via zoom Thursday morning. He is accused of mishandling dozens of bodies at his funeral home on Middle Road in Jeffersonville.
As a result, prosecutors have charged Lankford with six counts of theft.
"You know, there's only so long you can say, 'can you just be calm, can you be patient,'" said Amanda Humphrey, alleged victim.
One of the bodies was Humphrey's father. She said her family was devastated after finding out they were given the wrong cremains. They even had a celebration of life before finding out about the mix-up.
"And then you get this smack in the face," she said.
Humphrey said the theft charges are another slap in the face.
"I know that there were many remains that were recovered at that funeral home," Clark County Prosecutor Jeremy Mull said.
Mull expects to file even more charges in the case and understands the frustration from family members.
"I've been asked often why the theft charges are the charges that were filed in the case," he said, adding that there are limitations when it comes to criminal charges and prosecutors have to consider the way the law is written in Indiana.
"So, for example, there is a charge for violation of a cremation statute, giving the wrong cremated remains to someone. However, that only applies to certain people who run cremation facilities, which Mr. Lankford did not," he explained.
According to a probable cause affidavit obtained by WDRB News, investigators said they found 31 bodies and 17 cremated remains at the Lankford Funeral Home. Mull said the limitations don't change.
"There is a charge of abuse of a corpse, that only applies to mutilation or sexual abuse of a corpse under the Indiana statutes, so that doesn't apply," said Mull.
Meanwhile, in court, Lankford pleaded with the judge to be released on his own recognizance to care for a family member. He told the judge that he is the breadwinner in his family and not a flight risk, but his bond was set at $5,000.
"The initial response from everyone else was 'oh my gosh, is this it?'" said Jeffersonville attorney Larry Wilder.
Wilder represents at least 20 families that have filed a civil lawsuit against Lankford. He said lawmakers, not prosecutors, have the power to change things when it comes to cases like this one.
"I think that what you're going to find is in all candor, it's a tough case to prosecute. The statutes in Indiana aren't built for this. And when you look at what the charges are, theft, and you shake your head and you go, how is that related to this horror that was going on in that building?" Wilder said. "And what you will find is, and I think that our prosecutor has done a great job of looking very closely to find out whether there's a statute that fits. The legislature in Indianapolis needs to create a criminal act that fits within these facts."
"Allowing a body to lay in a room with no air conditioning and to continue to take people's loved ones," said Humphrey. "Why didn't he stop?"
Lankford's license to operate a funeral was suspended last month.
Right now, the case is scheduled to go to trial in February. Lankford is also scheduled to be back in court later this month to address the civil lawsuits. He is being held at the Clark County Detention Center.
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