In Lance Peck’s case — the former owner of Downard Funeral Home in Pocatello — closure continues to elude dozens of victims after a judge declined to accept a plea agreement on Thursday. The agreement would have limited the mandatory prison term to just three years, but Javier Gabiola, the 6th District judge of Bannock County Courthouse, determined it was insufficient and sent the matter back for further proceedings.

Many of Peck’s alleged victims were present in the courtroom at the courthouse in Pocatello, with even more waiting in the hallway, expecting to deliver impact statements at the originally scheduled sentencing hearing. Just minutes after the hearing began at 2 p.m., Judge Gabiola announced his rejection of the plea deal. One victim then shouted from the gallery, “Go to hell, Lance,” as the proceedings paused.

Subheading: Background of the Case and Allegations

The investigation started in August 2021 when the Pocatello Police Department received a complaint of a foul odour emanating from an open window at 241 N. Garfield Ave — the address of the funeral home. Officers in hazmat suits carried out a search warrant that lasted about twelve hours, and Capt. Bill Collins described what they found as “the thing of nightmares and then some.”

Prosecutors say that between 2017 and 2021, Peck misrepresented the cremated or buried remains of at least 25 families while he ran the funeral home. Originally, he faced 22 felony counts, with the possibility of over 250 years in prison. In June, Peck had pleaded guilty to six felony counts — opening the door for a plea deal. But his attorney later withdrew those pleas, setting the stage for trial instead of sentencing under the plea.

Subheading: Why the Plea Deal Was Thrown Out

The rejected plea agreement would have asked prosecutors to recommend a ten-year unified sentence, of which only three years would have been mandatory. Judge Gabiola refused to bind the court to that restricted sentence. The victims welcomed his decision:

• One victim, Mary Alice Cantrell, travelled 2,450 miles from western North Carolina because her son’s remains were allegedly mishandled.
• Another victim, Barbara Wentzel, whose mother died in 2019, expressed relief: “That was a bad plea deal… We lost our mother, and then we lost her again. We don’t even know where she is.”

Subheading: Plaintiffs United in Emotional Burden

Victims of Peck’s alleged misconduct continue to support one another amid the prolonged process.
Rhonda D’Amico lost her husband Eric in August 2021 and still doesn’t know what happened to his remains.

She now hosts monthly Zoom meetings for other victims, saying the plea deal would have silenced them: “It is painful to feel our voices and experiences really don’t matter to the courts where sentencing is concerned… Give our loved ones a chance to matter.”

Her son echoed the sentiment: “Sad to see this dragging out yet again… But I’m trying to look at it as the glass half-full situation. He’s going to get more than three years in prison and a much more fitting sentence.”

Another family friend, Judy Boozer of Oregon, described the emotional toll: “It’s just been horrific… someone can plead guilty and now withdraw — that’s just beyond my comprehension.” Many victims expressed frustration that Peck has remained free since his initial arrest in 2022.

Subheading: A Voice of Support for Peck

Interestingly, not all commentary has been negative. Stephen Spangler, a neighbour of Peck for over two decades, submitted a letter to the court praising Peck’s character: “Lance has a giant heart… there is nobody else in this area who comes close to being as trustworthy and dependable as Lance has been to me.” His testimony introduces a counter-narrative of the man accused.

Subheading: Next Steps and Court Timeline

Prosecutors and defence did not comment further immediately after the hearing. Judge Gabiola scheduled a conference for December 1 to set a pre-trial date and schedule a jury trial — unless another non-binding deal is reached. Many victims will be able to join via Zoom because they travelled long distances.
Kathy Packard, a family-member of an alleged victim, commented: “I think the prosecutor and the assistant… we’re going to try him… He’s going to do his due diligence to get us justice.”

This case remains far from resolved. While the rejection of the plea deal means victims may finally have their voices heard in court, it also means more waiting. Families like Cantrell’s and D’Amico’s are left grappling with uncertainty, emotional strain and the long road ahead.

What seemed like closure has once again been delayed — but a full trial may now offer a more thorough path to justice and accountability. Until then, the community watches, refocused on truth and the hope of resolution.