Feb 26, 2020 5 min read

A former Uniontown funeral director was sentenced to up to eight years in prison and 20 years of probation for stealing more than half a million dollars from 114 victims for over a decade.

Tuesday’s sentencing hearing for Stephen Kezmarsky III lasted more than four hours, with 14 of his 114 victims recalling how he stole thousands of dollars from them through pre-paid funerals that never happened, or headstones that never made their way to unmarked graves. Others spoke in support of Kezmarsky, 52, telling a Fayette County judge he was a generous human being who was bad at running a business.

“My failure as a businessman caused so much pain,” Kezmarsky said from the witness stand, looking out to a courtroom occupied by many of his victims. “I’m heartbroken to have hurt you.”

The thefts occurred between October 2005 and March 2017, when he operated the former Kezmarsky Funeral Home in Uniontown.

Kezmarsky explained that as his business grew, so did instances of people not paying for services. Bills continued to pile up for the business and taxes started to rise, leading him to file for bankruptcy, he said. Then, he was charged criminally.

Kezmarsky also took the opportunity to say that things written and said about him weren’t true, and he does not have a drug, drinking or gambling problem, nor did he live a lavish lifestyle with money he stole from his clients.

He said he never set out to prey on the elderly.

“You have to ask yourself, ‘Before Stephen Kezmarsky got in trouble financially, have I ever had any trouble with him?'” Kezmarsky asked.

His victims, however, spoke of how Kezmarsky avoided them when asked about their policies, and when he finally wrote checks to those who wanted their money back, they bounced.

Ronald Gergley said he and his wife, Linda, considered Kezmarsky a friend.

“We saved up our money for years to make it easier for our families,” he said. “He’s treated us wrong.”

The Gergleys’ daughter, Amy Gergley, referred to Kezmarsky as a narcissist and a sociopath because of his actions.

“You’re a liar, a cheater and deserve everything coming your way,” she said. “Fayette County will be a better place when you’re behind bars.”

Many victims and their families testified that Kezmarsky ruined his reputation with people who had once admired him.

“You should have been aware of the respect, honor and trust the people had for you in the community,” said Robert Ventura Jr., who grew up with Kezmarsky and whose mother pre-paid for a funeral. “I’m disappointed in you.”

Other victims spoke about how Kezmarsky accepted payment for headstones that he never ordered, or said they were stuck paying twice for a funeral because their pre-paid funeral expenses were never placed in an escrow account. Some said Kezmarsky not only stole their money, but also their faith and trust in people.

Twelve character witnesses testified on Kezmarsky’s behalf, calling him a loving family man, someone who always wanted to help people in the community – even giving those who couldn’t afford it free funerals. They also said he’s shown genuine remorse for the thefts.

“He’s not the best businessman, but he’s the most compassionate person in this room,” said Allen George, whose son married Kezmarsky’s daughter.

“It’s eating him alive knowing he hurt others,” said Lexi George through tears, adding that her father taught her to put others first as he gave jobs at the funeral home to retired individuals and has never given up on anyone.

Deputy State Attorney General David Kistler argued Kezmarsky did not merely have a single lapse of judgment, but committed 12 years of fraud that only stopped when he was arrested.

“Any (prison) time other than a lengthy sentence is a slap in the face to all the victims,” Kistler said.

Fayette County District Attorney Rich Bower asked for a sentence between 15 and 30 years, noting Kezmarsky could have faced 100 to 200 years behind bars, given the number of charges and victims.

“He wasn’t their friend, he was their thief,” Bower said.

He said Kezmarsky stole the money to fuel his ego.

“What did he do for all these people, other than take their money and put it into sponsoring softball teams and into his business?” Bower asked, gesturing to the victims in the courtroom.

Kezmarsky’s attorney, Stephen Colafella, said there’s no explanation or excuse for his client’s actions, but said prison would not help make the victims financially whole.

He suggested sentencing Kezmarsky to community service so his victims could see him working off his sentence and continuing to work to pay restitution, which was originally at $555,556. He said $106,000 of that has already been paid.

Noting he has no doubt that Kezmarsky feels badly about what had happened, Judge Steve P. Leskinen said Kezmarsky should have done what was right early on when the money troubles started and walked away from the business.

He also touched on the statements made to his character of giving money and services to the community, saying the money wasn’t his to use in that way.

“They said he would give you the shirt off his back,” Leskinen said. “That would be great if it was his shirt, and not taken from someone else.”

With that, Leskinen sentenced him to 4 to 8 years in a state prison. Leskinen also sentenced him to 20 years’ probation and waived any fines, noting he wanted all payments to go toward court costs and restitution.