Lawsuit filed against Return to Nature funeral home owners brings legal consequences to light
FREMONT COUNTY, Colo. (KRDO) - A class action lawsuit has been filed against Jon and Carie Hallford for their alleged negligence and mistreatment of nearly 200 bodies found inside a Penrose funeral home and the subsequent damages it has caused for families.
The lawsuit was filed the morning of October 30 in Fremont County, by a singular plaintiff, Richard Law on behalf of all the families impacted by the ongoing investigation. Law is being represented by Andrew Swan, of Leventhal, Lewis, Kuhn, Taylor, Swan PC.
The suit cites 13 different damage claims against the Hallfords and their Return to Nature LLC and is the culmination of dozens of families who are simply tired of waiting for someone to be held accountable in this investigation.
"If they think that they can avoid their liability here. If they think that they can avoid being held accountable, I'm afraid they're mistaken," explained Swan.
The suit cites claims of emotional distress, fraud, and violations of consumer protection, among others, including what Swan's firm believes is enough evidence from law enforcement, as well as other victim statements, that the Hallfords provided fake ashes in the form of concrete to the decedents' families.
"These families have described in several cases to me that this is singularly the hardest experience they have ever had," said Swan.
That's been the experience for Mary Simon, whose husband Darrell was identified by the El Paso County Coroner late last week. KRDO 13 Investigates previously spoke to Simon the day after the investigation began.
"That's kind of what we're missing right now. We're starting to get our loved ones back, but we're missing the accountability part too," explained Simon.
It's a sentiment that so many families are repeating, and in one criminal lawyer's opinion, it will be coming.
"So we don't know what they are yet -- but I can assure you, state charges are forthcoming. Federal charges may be forthcoming." said Jeremy Loew.
As it stands - Colorado is the only state that does not require a license to run a funeral home.
Matt Soper is a state representative from the western slope in District 52, who is now pushing for that mandate to become a reality.
He was also previously responsible for enacting an Abuse of a Corpse charge from a misdemeanor to a felony, following the Sunset Mesa funeral home body part selling scheme that happened in Montrose
"My goal is to live in a Colorado in which I don't ever have to read in the newspaper, or watch on TV, that another funeral home has been committing atrocities like this." said Soper.
In the meantime, the Hallfords will have 21 days from the day they are officially served the lawsuit, to make a defense claim.
"I don't know how the defendants in this case will look a single family in the eye, much less 189 of these families, and have anything credible to say." proclaimed Swan.
KRDO 13 Investigates followed up with investigators once again, to ask if they have had any contact with Jon and Carrie Hallford, or if they know the couple's whereabouts -- but they replied that this is still a complex and ongoing investigation.
