Former coroner convicted of felony theft now faces prison in misdemeanor case

Former Perry County coroner Herbert Miller faces a possible probation revocation hearing that could send him to prison.

In 2015, Miller was convicted of felony financial exploitation of the elderly and theft of $25,000 or more. The crimes occurred while Miller was coroner.

Circuit Judge Ben Lewis sentenced Miller in December 2015 to two concurrent seven-year prison sentences but granted a suspended sentenced and placed him on five years supervised probation.

Missouri assistant attorney general Gregory Goodwin, who prosecuted the 2015 case, filed a misdemeanor charge April 28 against Miller, accusing him of stealing by deceit.

Miller, 68, is scheduled to be arraigned May 30 on the misdemeanor charge in Perry County Circuit Court in Perryville, Missouri.

Goodwin, serving as special prosecutor, filed a motion May 2 in Perry County Circuit Court for a probation-revocation hearing. Lewis has scheduled a hearing on the motion for June 2 in Perry County.

Miller could not be reached for comment. Court documents did not list a phone number nor an attorney for Miller. Court documents list Miller as living in Poplar Bluff, Missouri.

Steve Wilson, who represented Miller at the 2015 jury trial, said Monday he is not representing Miller in the misdemeanor case and probation-revocation matter.

In an April 28 probable-cause statement, Missouri Attorney General consumer protection division investigator Quinton Dalton said at least 40 complaints have been received by the agency about "deceptive business practices" involving Herbert and Kathleen Miller.

The Millers previously owned and operated Miller Family Funeral Home in Perryville.

In May 2010, Tom and Lila Welch entered into a contract with the Millers "with the understanding of receiving prearranged direct cremation services," Dalton wrote.

The Welches made payments through April 29, 2016, according to a probable-cause statement filed with the court.

The funds were to be deposited into a bank account.

The Millers filed for bankruptcy regarding their funeral home in February 2016.

"Knowing they were filing bankruptcy and permanently closing Miller Family Funeral Home, Herbert and Kathleen Miller accepted a payment from Lila Welch" of $1,889 on April 29, 2016, Dalton wrote.

The Millers "misrepresented, made false promise and deceitfully deprived Tom and Lila Welch of monies which they provided and believed were being deposited" in a First State Community Bank savings account, according to the statement.

In July 29, 2016, Tom Welch contacted the bank and learned the account held a balance of just over $300, according to Dalton.

By April 28, 2016, the Welches had paid more than $3,300 to the Millers, according to Dalton's statement.

Dalton wrote he spoke to Herbert Miller about the matter on two occasions last month. On April 11, Miller stated he accepted "monies from numerous customers of Miller Family Funeral Home," Dalton wrote.

On April 27, Dalton again spoke to Miller.

According to the statement, Miller told Dalton about $100 of the payments was being held in a First State Community Bank account in Perryville.

Dalton wrote, "Herbert Miller stated, 'I'm not going to tell you where the rest of Tom and Lila Welch's monies are because your office will attempt to take the money from us. It's in an account in our name.'"

According to the statement, Miller said the account was located out of state.

Dalton wrote Miller "has admitted to accepting monies ... to which purpose it was not designated for."

The range of punishment for the class A misdemeanor is a year in the county jail or a fine of not more than $1,000, according to the special prosecutor.

mbliss@semissourian.com

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