Funeral costs battle
Roxye Arellano, (Bio) arellano@greeleytrib.com
May 5, 2006
Elis Sepulveda of Fort Lupton said the Fort Lupton mayor, who is also a funeral home director, has refused to pay her money awarded by a small-claims court for her son's funeral costs.
Mayor Jim Bostick, who failed to appear in court because he was in court-ordered alcohol rehabilitation, said it's all a misunderstanding.
The costs in questions arose from the funeral of Jason Sepulveda, 22, a Marine training at Camp Lejune, N.C. He died June 30, 2002, when the truck he was riding in as a civilian crashed into a tree. Bostick handled the funeral arrangements.
Jason's mother, Elis Sepulveda, said the Marines paid Bostick in full for the balance of her son's services, but he also took $980.49 of her son's savings and failed to return the money to her.
"My son always believed in what's right is right and what's wrong is wrong," said Sepulveda, 45, sitting at the kitchen table in her sister's home. "My son would be furious this is going on."
The military told Sepulveda they had to send her son's money to Bos-tick because his services had not been paid in full. But several days later, Bostick submitted a bill of $4,880 for funeral services. And records show the Marine Corps paid for services in full.
Sepulveda said that, because all costs for services were paid, she should have received her son's savings back.
"Every time I have to go through all of these papers, it's just a nightmare," said Sepulveda, looking at the documents provided by the Marines and spread out on the table.
After many failed attempts to collect the $980.49 from Bostick, she decided to sue him in small-claims court. Sepulveda and her husband, Robert, sought $7,500, the maximum amount in small claims. The claim included the savings amount of $980.49 and 10 percent interest multiplied by 24 months. They also asked for pain and suffering in the amount of $4,148.30, court costs and filing fees.
After Bostick failed to appear at a continuation hearing, the Sepulvedas won the maximum amount, $7,500.
"The media makes it look as if I stole $7,500, which is not true," Bostick said in a released statement. "People think I went into his bank account and took his money. That is not true."
Bostick claims a check for $900 was sent to him from a bank. At that time, he assumed it was to be used to pay for the rental fees for the use of the Fort Lupton Recreation Center, where the funeral was to be held. City records show Bostick was later refunded $200 for a damage deposit for use of the center.
But other itemized claims on Bostick's statement of funeral goods and services submitted to the Marine Corps has stumped the Sepulveda family.
On the invoice, Bostick charged the Marines $200 for clergy services. Sepulveda said the service was provided free by a family friend. On the same statement, he charged $20 for acknowledgment cards and $120 for memory cards. But Sepulveda's family members made the cards, and they have no idea why he would charge for them.
"My family did everything they could to help us out," Sepulveda said. "That's the way we are. They served the food, cleaned the kitchen and the hall. There was no extra charges to be added. If there was, he should have billed it to the Marines."
Bostick said things are getting difficult for him since the community found out.
"I'm not going to lie to you," said, crying. "I was in rehabilitation at the time of the continued hearing. The sad part is, the judge that heard the case is the one that sentenced me to rehab for 45 days. I'm not a bad person, but in this business, I bury babies and kids every day. Stuff piles up inside. I give free funerals all the time. Other funeral homes tell them to go to Jim. He'll care."
Bostick said he thought he submitted another bill to the Marine Corps and, when the $900 arrived, it was for extra expenses. But according to Marines records, there wasn't another bill submitted by Bostick.
"This is a misunderstanding," he said. "I will go back and re-submit a bill to the Marines. I will pay the Sepulvedas money owed to them. I've got to."
Bostick said things have gotten to the point that he and his family are receiving death threats.
"I plan on paying them the money but I'm not doing this to admit guilt," he said. "It's to stop the threats to me and my family. I have to stop it. ... If I had $7,500, I'd give it to her. It needs to end. Whatever I need to do, I'll do it."
Sepulveda said she hopes the community can understand she wasn't out to destroy him.
"I wasn't out to ruin him. He had every opportunity to take care of this," she said with tears. "It's an unsolved task as a mother. No mother would not fight. I'll fight with every last breath I take. I will stand. I will fight for my son."
Greeley Tribune - News
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