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Middleton captured in
Pennsylvania after
months on the run
Published Wednesday, Oct. 7, 2009
By Jebb Johnston
Staff Writer
Authorities have apprehended the man wanted for misuse of prepaid burial funds at two Prentiss County cemeteries.
Donald Wayne Middleton, 65, was arrested in Pennsylvania following “an exhaustive search,” according to the Mississippi Attorney General’s Office. He was extradited to Mississippi and is in custody at the Calhoun County Jail.
Middleton faces six misdemeanor counts in Calhoun, Prentiss and Jones Counties. If convicted, for each count he faces a fine of up to $1,000, jail time of up to one year, or both. Both civil and criminal charges were filed against the accused in 2008.
Middleton was the owner of Liberty Memorial Gardens in Booneville, Prentiss Memorial Gardens in Baldwyn, Sunset Gardens Cemetery in Laurel and Pinecrest Memorial Park in Calhoun County.
The secretary of state’s office, which was named temporary receiver for the cemeteries, says the prepaid burial funds at the cemeteries are gone and the records are in disarray.
The criminal charges against Middleton are separate from an ongoing civil action filed by the attorney general’s office, which has sought relief on behalf of the state for violations of the Mississippi Consumer Protection Act after receiving complaints from victims and then-Secretary of State Eric Clark starting in late 2007.
The civil actions in the three counties was consolidated into one in Prentiss County Chancery Court and is pending before Chancellor John Hatcher.
The secretary of state’s office designated Phillip Wedgeworth to handle the receivership duties, which include managing cemetery operations and recovering money due to victims. Once the receiver has concluded the court-ordered review, the Consumer Protection Division will proceed to conclude the action.
