Filbeck-Cann and King Funeral Home owners Tim and Becky King will have to wait two months for arraignment in Marshall County Circuit Court.
Circuit Court Judge Jamie Jameson continued the couple’s arraignment hearing until Nov. 30 during Tuesday’s docket to allow time for a special judge to be appointed in the case. Jameson “disqualified” himself from proceedings on the grounds that he used to serve as director for the Kentucky Department of Insurance Consumer Protection and Education Division. KDI’s Fraud Division initiated an investigation and charges against the Kings. While Jameson said while his employment had been within a different division, he felt his former employment justified reason to recuse himself from the case.
Jameson said he was also friends with Tim King’s father, though the relationship was secondary in his decision to step down.
The matter will go to Chief Regional Circuit Court Judge Rene Williams to appoint a special judge to preside over the case. That judge is expected to be in place by Nov. 30, at which point the Kings can be arraigned and the case can return to a schedule, Commonwealth Attorney Mark Blankenship said.
The Kings stand accused of fraud, forgery and theft charges after a Marshall County grand jury on Sept. 12 returned indictments on two felony counts of fraudulent insurance acts over $500, one felony count of theft by unlawful taking or disposition all others, $10,000 or more but under $1 million and one felony count of second-degree criminal possession of a forged instrument. The Kings also face two misdemeanor charges of fraudulent insurance acts $500 or less.
According to the indictment, the grand jury found sufficient evidence that between 2007 and 2010, the accused sold pre-need life insurance policies valued at more than $300 without a license.
The indictment also alleges the Kings, between 2010 and 2016, knowingly and with intent to defraud, received money valued at more than $300 from individuals for life insurance policies but failed to obtain that insurance. The Kings have been accused of selling pre-need policies without a license valued at more than $500 between 2010 and 2016; and the indictment alleges the Kings, between 2007 and 2017, forged the signature of licensed insurance agents on 64 policies. Those policies were submitted to both Investors Heritage Life Insurance Company and Columbian Life Insurance Company in January 2017.
The grand jury also found enough evidence to proceed on charges that on Nov. 4, 2014, Becky King received payment for pre-need burial arrangements but did not place funds in a life insurance policy or trust fund. The indictment alleges the couple kept the funds until Aug. 14, 2017.
Tim King was accused of on Dec. 28, 2011, receiving a $55,926 payment from New York Life Insurance Company and Reassure Life Insurance Company for funeral expenses upon the client’s passing. King allegedly did not reimburse the family the remaining balance $13,926.68.
KDI and Kentucky State Police conducted a search on the Kings’ property and funeral home in early May in response to a referral from Investors Heritage Insurance in February alleging that Tim King had collected money for pre-need burial policies and did not forward the payments and applications to secure those policies.
The Kings, both of Benton, are represented by Mark Bryant and Emily Roark.