The Virginian-Pilot
                             THE VIRGINIAN-PILOT 
              Copyright (c) 1996, Landmark Communications, Inc.

DATE: Wednesday, September 25, 1996         TAG: 9609250400
SECTION: LOCAL                   PAGE: B1   EDITION: FINAL 
SOURCE: BY LYNN WALTZ, STAFF WRITER 
DATELINE: NORFOLK                           LENGTH:   82 lines

MEGAN JONES IS DESTINED FOR BURIAL AS A PAUPER DRAINED BY LEGAL BATTLES, THE FAMILY OF THE SLAIN WOMAN CAN'T AFFORD THE COST.

The body of Megan Jones - found murdered in her Delaware Avenue home in May - has been declared ``unclaimed'' by the Medical Examiner's office and will be released to the sheriff's department for a ``pauper's burial.''

Jones' husband, Tobin, has refused to release the body since he was charged with her murder, saying he wanted to have an additional autopsy. The autopsy was never ordered and in the meantime Tobin Jones has been found incompetent and is being treated at Central State Hospital. His trial has been indefinitely postponed.

Megan Jones' family exhausted their financial resources in a three-month legal battle with their former son-in-law for their daughter's body. They have basically ``given up,'' a family spokesperson said Tuesday.

It is extremely unusual for a person of means - in this case a local actress and the wife of a prominent Norfolk psychiatrist - to receive a burial at the state's expense.

State burials are normally provided for the homeless, those with no family or abandoned newborns. The state provides $1,875, enough money for a cloth-covered pine casket and a burial plot.

``We've never had anybody like this before,'' said George Schaefer, public affairs officer for the sheriff's department. ``This is very abnormal. We're giving her a pauper's burial, but she was not a pauper. This lady was of some standing in the community. . . . People like this don't end their lives with this type of treatment . . . to be buried in a plain pine box in an unmarked grave.''

Schaefer said that the body could still be claimed by anyone who is willing to pay for a funeral. ``With this lady, maybe that will happen,'' Schaefer said. ``Maybe somebody will come forward. She knew a lot of folks.''

Megan and Tobin Jones, the former director of Norfolk's Community Services Board, were both active in local theater. Megan's memorial service was held by her friends at Little Theatre of Norfolk.

The Medical Examiner's office determined the body should be buried - not cremated as Megan wished - for legal reasons in case the body would have to be exhumed.

The body of Megan, 43, was found wrapped in sheets and a rug in an upstairs bedroom of her home about a week after she was killed. She had been bludgeoned and asphyxiated around Mother's Day. Her husband, Tobin, 36, was arrested May 18 while cutting the grass outside the home. The couple had separated just before Megan was killed.

This month, Jones was found incompetent and unable to assist his attorneys in his defense. Psychiatric evaluations show that Tobin Jones is bipolar and was in a manic state at the time of the murder.

Donna Price, administrator of the Medical Examiner's office, said her office has notified Tobin Jones that it is releasing the body for burial.

Jones' attorney, James Broccoletti, said he was surprised the body was being released and said he will ask the courts for an injunction to hold off on the burial until Jones is returned to competency.

Jones is ``not in the appropriate state to make any response at this point,'' Broccoletti said. ``We can't make decisions (for him). He has always indicated he wants the body released to the family after autopsy was completed.''

Megan Jones' niece, Leslie Capshaw, said Thursday the state Attorney General's office told the family they should not have Megan cremated because Tobin Jones could sue.

``The family has been exhausted financially and emotionally,'' Capshaw said by telephone from Oklahoma City. ``We'd like to have some closure to Megan's remains. It is unfortunate. It is sad. But Megan's mother and stepfather are doing what they feel is best for the family. . . . We love Megan and know she's no longer with us and now she can be laid to rest. After all this is over, maybe we can have her cremated.''

Two memorial services were held after Megan's slaying, one in Oklahoma where her parents are and one in Norfolk for friends.

Schaefer said there is a rotating list of funeral homes and cemeteries who provide the services. As of Tuesday, he did not know which would be taking care of the burial.

``The $1,875 doesn't go a long way,'' Schaefer said. ``Somebody later on could put a headstone on. Maybe that's the family's intent.''

Schaefer called the burial ``a tragedy.''

``She's been victimized a second time,'' he said. ``She's been robbed of a decent burial.'' ILLUSTRATION: Color photo

Megan Jones' body was found in May, about a week after she had been

killed. by CNB