Man charged with attempted murder was convicted in mortuary theft
A former mortuary head convicted of stealing thousands of dollars from a funeral trust fund is scheduled to appear today in Hilo District Court on charges of attempted murder and robbery of a 65-year-old coin dealer.
On Tuesday, Big Island prosecutors charged Robert R. Diego, 68, former Memorial Mortuary owner, with attempted second-degree murder and first-degree robbery. He was being held last night in lieu of $70,000 bail.
Police Lt. Greg Esteban said Diego and the victim had a business-type relationship. “This was for the purpose of conducting a transaction involving collectibles,” he said. “As a result, the evidence we’ve discovered supports the offense of robbery.”
Officers responded Monday to a report of someone yelling for help found the seriously injured man and Diego at the victim’s Hualalai Street apartment, police said.
Don Nigro, owner of Antiques and Coins on Kilauea Avenue, was the victim of the attack, said a source, who asked not to be named.
Police said he suffered a fractured skull and severe cuts to his head, and was taken in serious condition to the Hilo Medical Center, where he remained in serious but stable condition Tuesday.
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In 2003, Diego pleaded no contest to theft of more than $20,000 from a funeral plan trust fund. The prosecutor had sought $500,000 in restitution. The Diegos sold pre-need funeral plans, but failed to put 70 percent of the sales price in a trust fund, as required by law, from 1989 to 2002.
In 2004, Diego was sentenced to two months in jail and five years’ probation for first-degree theft.