Former Downard Funeral Home owner loses attorney over unpaid fees

POCATELLO — The former owner of Downard Funeral Home, who’s facing a trial after allegedly mistreating dead bodies, falsifying records and sending fake remains of deceased people to their families, has lost his legal counsel due to debts and unpaid fees.

Lance Peck, is facing reinstated charges, which include 22 felony charges and 63 misdemeanors, after District Judge Javier Gabiola rejected the plea agreement in October. Now he’s hit the first road bump as he prepares for trial, as his attorney has withdrawn. The lawyer cited failed payments and Peck accumulating nearly $40,000 of debt.

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Some of the felony charges Peck is facing include tax evasion, perjury and grand theft by deception. His misdemeanor charges include unprofessional conduct by a mortician, funeral director or embalmbers; knowing violation of a mortician or funeral director; and unlawful disposition of the remains of a deceased person.

Peck had originally accepted the plea agreement in May 2025, in which he agreed to plead guilty to five felonies and six misdemeanors. At the time, he faced a potential punishment of three to 10 years in prison.

Now, with no plea agreement, Peck could face more than 250 years in prison if found guilty.

RELATED | Downard Funeral Home owner signs plea agreement, admits to sending fake remains to families

Debts and failed payments

Peck’s now-former attorney, Richard Blok from Racine Olson PLLP, submitted paperwork seeking a request to withdraw as counsel for Peck on Nov. 11.

The documents gave Peck’s inability to comply with the fee agreement as the reason. This has been the case since Nov. 16, 2023.

The document states that the former funeral home owner owes the law firm $37,502.

Blok had agreed to continue representing Peck while the prosecution and defense entered into mediation to reach the plea agreement, but this would not continue if the case began to move toward trial.

“If Mr. Peck wanted counsel to take the matter to trial, he would have to pay the balance and a significant retainer for trial. Mr. Peck is unable to do so. Any further representation will be unreasonable under these circumstances,” the documents state.

Diving deeper into the possible scenarios for trial, the documents state a trial could last more than five weeks and “will likely be held in another county because finding an impartial jury will not be possible in this county.”

Discussing preparations for the case to go to trial may take another year and would require a second attorney to support Peck.

Overall, the law firm estimates the total cost of the trial would cost it $250,000.

“This would be a significant financial burden on counsel and the firm, as counsel would be unable to take enough other work to supplement the income lost,” the documents state.

Gabiola accepted the request and approved the order to allow Blok to withdraw on Dec. 2.

On Dec. 3, an order was filed to appoint a public defender for Peck.

Case background

In July 2021, the investigation into Peck began when a representative with Idaho State University contacted the Pocatello Police Department after a family had contacted the institution over the body of a family member that was supposed to have been donated for scientific research.

According to the affidavit, the body of the individual was returned to Downard for cremation in April 2017, but the family never received the remains.

RELATED | Extensive decay, thousands of flies, atrocious smell: What newly unsealed documents reveal about Downard Funeral Home

The university later learned that other bodies intended to be received never arrived, even though the paperwork for delivery had been completed. In total, six bodies that were meant to be delivered to ISU never arrived.

In August of that year, officers with the Pocatello Police had gotten a call of a foul smell coming from the funeral home and looking inside, officers spotted the body of a man on the floor in a severe state of decay.

During a police raid of the funeral home, 11 bodies were found with attached altered documents, and one body had no documentation at all. A significant number of other irregularities were found related to the disposal of remains.

Future hearings

A scheduling conference before Gabiola has been scheduled for 9:30 a.m. on Jan. 5.

Though Peck has been charged with these crimes, it does not necessarily mean he committed them. Everyone is presumed innocent until they are proven guilty.

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