Former Calif. mortician gets 25-to-life sentence

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Associated Press

Posted on May 6, 2013 at 4:33 PM

Updated Monday, May 6 at 4:34 PM

LOS ANGELES (AP) — A former mortician was sentenced Monday to 25 years to life in prison for plotting to kill a funeral business rival in a decades-old case that initially resulted in a sentence of lifetime probation.

Los Angeles County Superior Court Judge Dorothy Shubin imposed the sentence against David Wayne Sconce, 56, finding he had violated his lifetime probation with a federal conviction late last year for having a stolen firearm.

His convoluted legal saga dates from macabre crimes at his family's Pasadena funeral home that included stealing gold dental fillings from the dead in the 1980s to his sentencing last year for stealing a Montana neighbor's gun.

Defense attorney Roger Diamond said prosecutors are on a vendetta and treating his client like a monster. He maintains Sconce should remain on probation.

"He doesn't deserve a life sentence, given the entire history of this case," Diamond said. "He's never solicited anyone's murder and nobody has been killed as a result of his actions."

Sconce was sentenced in 1989 to a five-year prison term for mutilating corpses, conducting mass cremations at a ceramics kiln and hiring thugs to rough up three competing morticians.

He was later charged with conspiring to hire a hit man to murder a potential buyer of a rival crematory. A judge who dismissed the case said that if prosecutors successfully appealed, Sconce could plead guilty and be placed on lifetime probation.

After a couple rounds of appeals, Sconce ended up pleading guilty to murder conspiracy in 1997 and was placed on lifetime probation, an unusual sentence in California.

When Sconce was hauled back into court in 2002 for an unspecified probation violation, Judge Joseph De Vanon told him, "If you come back before me on a violation of probation, I will sentence you to life in prison."

Los Angeles County prosecutors wanted that punishment carried out after he was sentenced in October to five years of probation after trying to sell a stolen rifle at a Montana pawn shop.

They argued in court filings that Sconce "remains unable and unwilling to abide to the most basic terms and conditions of probation."

Michael Brennan, a law professor at the University of Southern California, said he's never seen lifetime probation used in such a case and can't imagine Sconce will be locked up for life.

"The guy should go to jail for a while, maybe a couple of years," Brennan said. "I just don't see anybody getting a life sentence."

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