News and Tribune

February 4, 2010

Funeral home director out of jail

Judge reduces Pyke’s bond, despite prosecutor’s objections

By MATT THACKER

A Henryville funeral home director charged with nine counts of class C felony insurance fraud was released from jail Wednesday after posting bond.

Richard D. Pyke, 42, who runs R.D. Pyke Funeral Service, appeared in Clark County Superior Court No. 1 on Tuesday for a bond-reduction hearing.

Against objections from the prosecutor, Judge Vicki Carmichael lowered bond to $50,000 court-cash, or surety. That meant he would have to pay 10 percent of that, or $5,000, to be released. Bond had previously been set at $25,000 cash-only.

“I did strenuously object to the bond being reduced due to my concern that Mr. Pyke still poses a danger to the community,” Clark County Chief Deputy Prosecutor Jeremy Mull said.

Mull said he argued Pyke is a high risk to victimize Clark County residents again because his offenses spanned half a decade and because he has an unrelated felony charge of domestic battery.

Pyke’s attorney, Niles Driskell, said that when setting bond, judges consider whether the defendant poses a risk to anyone’s physical safety or is a flight risk. Driskell argued that Pyke is not violent and has strong community ties that make him unlikely to flee.

“My understanding is Mr. Pyke is very popular in the community. He has done a lot to help people over the years,” Driskell said.

According to a probable-cause affidavit, Pyke cashed in more than $72,000 in life insurance policies for people who are still alive. Investigators found nine people who had insurance policies cashed in by Pyke while they were still living.

He previously had his funeral license suspended after two death certificates with allegedly forged signatures were obtained from Pyke Funeral Service. He is also being sued by a Jeffersonville woman claiming it took weeks for Pyke to bring her the cremated remains of her 5-year-old daughter and that they were finally delivered in an urn that was leaking ashes.

Attorney David Mosley filed a petition last week to disclose assets and cease intermeddling with the administration of the decedent's estate on behalf of the heirs of Clyde and Erma Wininger.

Mosley said Pyke had power of attorney for the two elderly former employees, and he wants to determine what happened to the assets of their estate.

Mosley said he is not accusing Pyke of wrongdoing in the case, but he wants an explanation of what happened to the estate. Mosley also notes that the Winingers' home was sold at auction the same day Erma died.

Driskell said it is premature to discuss the merits of the case.

“We just look forward to the entire truth coming out,” Driskell said.

Pyke was released from the Michael L. Becher Adult Corrections Complex at 12:23 p.m. Wednesday, according to Clark County Sheriff’s Department Maj. Chuck Adams.

Pyke’s trial is scheduled for July 6. He faces two to eight years in prison and up to a $10,000 fine for each class C felony charge.