Mediation scheduled in case against Downard Funeral Home owner
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POCATELLO — The director of the now-closed Downard Funeral Home will enter mediation with the Bannock County Prosecutor’s Office.
Lance Robert Peck, 48, faces 63 misdemeanor charges — 60 counts for unprofessional conduct by a mortician and three counts of petty theft. According to a news release from the county, Bannock County Prosecutor Stephen Herzog and his office have identified “multiple felony crimes” they have reason to believe were committed by Peck.
The release says the prosecution and defense teams will enter mediation before a senior 6th District Senior Judge.
RELATED | What we know about Downard Funeral Home, Lance Peck and what’s next in the case
Peck was charged in Aug. 2022, almost one year after Downard Funeral Home and the attached Portneuf Valley Crematory were searched by officials. The search was conducted after police responding to calls reporting a foul stench coming from the funeral home saw what they believed to be a decomposing body in plain sight.
RELATED | Officials confirm funeral home investigation centers around report of decomposing body
By taking these charges to mediation, Herzog hopes to provide a “swift, fair” conclusion for the families affected by Peck’s alleged actions.
“It’s hard to say what a ‘just’ resolution looks like in this case because there has never been a case like this in our community, nor one that has impacted so many people,” Herzog says in the release. “I believe this case certainly warrants the imposition of a substantial sentence.”
Through the mediation process, Peck, his attorneys and prosecuting attorneys will discuss a potential sentence in the presence of a judge. If the three sides can negotiate what they agree to be a fair punishment, that punishment will be included in a plea agreement.
If mediation is successful, it will allow the many people affected by the alleged crimes to avoid what could be several weeks, and perhaps longer, of highly descriptive trial testimonies.
If mediation is unsuccessful, the trial could be moved to another jurisdiction in order to produce an unbiased jury — which would then possibly require sequestering for the duration.
“When thinking of the families impacted, the benefits of mediation outweigh the benefits of a trial,” Herzog says in the release. “We will be able to provide some degree of closure for the families in the near future rather than dragging them through what could be another year of stress. Of course, this all depends on how mediation goes.”
Families affected by the Downard Funeral Home and Lance Peck allegations are welcome to email downardprosecution@bannockcounty.gov with input on what they feel to be a fair resolution.
As criminal charges advance toward a potential resolution, Peck now faces six civil lawsuits filed by family members whose loved ones’ remains were to be handled by Peck and Downard.
The first trial for those lawsuits is scheduled for July 2024.