Family fights for cremated remains nearly 1 year after loved one's death

A family is fighting for the cremated remains of their loved one nearly a year after he died.

A family is fighting for the cremated remains of their loved one nearly a year after he died.

COURTN:EY WE RAN INTO THE OWNER AT ONE OF HIS FUNERAL HOSME TODAY. HE TELLS US HE’S WORKING TO GET THE REMAINS TO THE FAMILY, BUT THE FAMILY SHARES DIA FFERENT STORY. >> MY SISTEISR HEARTBRENOK BY THIS ORDEAL. SHE IS HEARTBROKEN. COURTNEY: 36-YEAR-OLD DE’ANGELO SMITH WAS KILLED IN A MOTORCLEYC ACCIDENT LAST AUGUST. HIS AUNT SAYS THE FAMILY HIRED J. D. DAVIS FUNERAL HOME TO HOST A CEREMONY AND HANDLE THE CREMATION. NEARLY ONE YEAR LATER. >> WE STILLE HAV NOT RECEIVED HIS REMAINS. COURTNEY: A PROBATE COURT ORDERED JIMMY DAVIS, THE OWNER OF THE FUNERAL HOME,O TGIVE THE CREMATED REMAINS TO SMITH’S MOTHER, NORMA. ACCORDING TO COURT RECORDS, DAVIS DIDN’T SHOW UP TO THE HEARING OR PROVIDE A REASON FOR WITHHOLDING THE REMAINS. THE RECORDS FURTHER INDICATE THAT A BENCH WARRANT IS OUT FOR HIS ARREST. AN EMPLOYEE POINTED OUT DAVIS TO 12 NEWS WEDNESDAY AT HIS BURLEIGH STREET FURANEL HOME LOCATION. ARE YOU JIMMY, JIMMY DAVIS? WERE A HERE ABOUT MR. SMITH. THEY HAVE NOT REIVEECD HIS REMAINS A YEAR LAT.ER WHY DID IT TAKE SO LONG? >> THE DAUGHTEISR THE ONE WHO WE LEGALLY HAVE TO ABIDE BY. COURTN:EY DAVIS SAID SMITH’S 18-YEAR-OLD DAUGHTER SIGNED THE CONTRACT. HOWEVER, THE COURT RECORDS SAY THE REMAINWES RE ORDERED TO BE GIVEN TO THE MOTR.HE JIMMY DAVIS TOLD US TODAY THAT HE’S WORKING ON IT. DO YOU BELIEVE THAT? >> O. N IT WOULD MEAN A LOT TO MY SISTER. IT’S BEEN HEARTBREAKING ENOH.UG YOU KNOW, SHE BIRTDHE HIM. SHE GETS HIM. I DON’T SEE HOW SOMEONE COULD TRUMP OVER TT.HA PATRICK: COURTNEY, YOU HAD A SECONDON CVERSATION WITH JIMMY DAVIS ABOUT AN HOUR AGO. COURTN:EY OVER THE PHONE, JIMMY CALLED AND SAID HE WORKED OUT ANGR AEEMENT WITH THE FAMILY’S ATTORNEY TO RETURN THE REMAINS THIS FRIDAY. HE SAID HE NEVER KNEW ABOUT ETH WARRANT. I ASKED THE FAMILY IF THEY KNEW ABT OUTHIS. THEY HAVE NOT HEARD ANY UPDATE ABOUT THE SCHEDULED EXCHANGE FOR FRAYID. I REACHED OUT TO THE ATTOR

Family fights for cremated remains nearly 1 year after loved one's death

A family is fighting for the cremated remains of their loved one nearly a year after he died.

A family is fighting for the cremated remains of their loved one nearly a year after he died.Now a warrant is out for the funeral home owner's arrest.In August 2020, De'Angelo Smith died in a motorcycle crash. His aunt told WISN 12 the family hired JD Davis Funeral Home to host a ceremony and handle the cremation. "We still have not received his (remains)," Smith's Aunt Hazel Lindsey told WISN 12. "My sister is, she's heartbroken by this whole ordeal. She's just heartbroken."Smith's family took JD Davis Funeral Home to court. According to court records, a probate court ordered Norma, Smith's mother, had the rights to collect his remains. The court ordered Davis to provide a reason for withholding the remains. According to court records, no representative from the funeral home showed up in court or showed cause. Now a bench warrant is out for Davis' arrest. WISN 12 found Davis at his West Burleigh Street funeral home location Wednesday.When confronted about the remains he told WISN 12, "My attorney is going to work with mom to make that happen." When WISN 12 asked Davis what took so long, he said Smith's 18-year-old daughter signed the contract and said he would only be allowed to give her the remains by law.However, the court ruled Smith's mother Norma has those rights to collect the remains.WISN 12 had a second conversation with Davis Wednesday evening via phone. He told WISN 12 he was unaware of the warrant and never received the order. Davis said he had a hard time contacting the family. "It would mean a lot to my sister," Hazel said. "It's been heartbreaking enough. You know she birthed him she gets him. I don't see how someone could trump over that." Update: The family told 12 News Jimmy Davis, Owner of JD Davis Funeral Homes hand delivered the cremated remains to their attorney Thursday morning, after it was reported Wednesday. Family said they are "grateful."

MILWAUKEE —

A family is fighting for the cremated remains of their loved one nearly a year after he died.

Now a warrant is out for the funeral home owner's arrest.

In August 2020, De'Angelo Smith died in a motorcycle crash.

His aunt told WISN 12 the family hired JD Davis Funeral Home to host a ceremony and handle the cremation.

"We still have not received his (remains)," Smith's Aunt Hazel Lindsey told WISN 12. "My sister is, she's heartbroken by this whole ordeal. She's just heartbroken."

Smith's family took JD Davis Funeral Home to court.

According to court records, a probate court ordered Norma, Smith's mother, had the rights to collect his remains.

The court ordered Davis to provide a reason for withholding the remains.

According to court records, no representative from the funeral home showed up in court or showed cause.

Now a bench warrant is out for Davis' arrest.

WISN 12 found Davis at his West Burleigh Street funeral home location Wednesday.

When confronted about the remains he told WISN 12, "My attorney is going to work with mom to make that happen."

When WISN 12 asked Davis what took so long, he said Smith's 18-year-old daughter signed the contract and said he would only be allowed to give her the remains by law.

However, the court ruled Smith's mother Norma has those rights to collect the remains.

WISN 12 had a second conversation with Davis Wednesday evening via phone.

He told WISN 12 he was unaware of the warrant and never received the order.

Davis said he had a hard time contacting the family.

"It would mean a lot to my sister," Hazel said. "It's been heartbreaking enough. You know she birthed him she gets him. I don't see how someone could trump over that."

Update: The family told 12 News Jimmy Davis, Owner of JD Davis Funeral Homes hand delivered the cremated remains to their attorney Thursday morning, after it was reported Wednesday. Family said they are "grateful."

Family fights for cremated remains nearly 1 year after loved one's death

A family is fighting for the cremated remains of their loved one nearly a year after he died.

GET LOCAL BREAKING NEWS ALERTS

Top Picks