The family of a man allegedly killed and burned inside a tavern cannot cremate the body because it could destroy evidence, the Fayette County coroner said.

Firefighters last week found the body of Thomas Lesniak, 52, of Acme, inside the burned remains of JJ's Restaurant and Lounge in Upper Tyrone Township.

Catherine Hamborsky, 40, from Scottdale, was later arrested on homicide, arson and abuse of a corpse charges stemming from Lesniak's death.

Lesniak's family had planned to cremate his remains Saturday. Coroner Phillip Reilly said he generally grants such requests, but couldn't in this case.

"With this case, how information came up piece by piece, cremation would not be wise," Reilly said. "We have a homicide where the body of the deceased is a critical piece of evidence and would be lost in cremation."

State police said Hamborsky confessed to shooting and stabbing Lesniak after he propositioned her for sex, court documents said.

First Published: January 12, 2005, 5:00 a.m.