Land Type: Private
Owner: Property owner Eugene Todd
Description
30 unmarked graves. One Revolutionary veteran buried there, Henry
Pickett. There used to be one tombstone until destroyed it was 4
foot high and marble that marked William and Matilda Pickett.
William was a veteran of the War of 1812. William was born May
25, 1795 and died May 10, 1845. Matilda Holder Pickett
born Feb 4, 1804 and died in 1888. Also have children buried there Martha
Pickett, and John and Melinda Pickett Price. Fred
Roewing and an Englishman was also buried there.
Problem
Mr. Todd, had the cemetery bulldozed on March 10. The cemetery had
a 4 foot marble stone and huge trees. I have pictures that were taken
within the past year to prove this. Mr. Todd claims he did not use a
bulldozer nor touch the monument. He says he just cleaned brush and
weeds. First, Weeds do not grow in winter next, there was no brush, I
have pictures of the huge trees. I also have pictures of the huge
monument and pictures that shows bulldozing. The county attorney did
press charges but only for removing the tombstone. The county attorney
says that as long as he sows down the area with grass he will be let
off. The owner doesn't even have to replace the monument. The attorney
says he is an 83 year old man and has lived and great life so he
doesn't deserve a fine or prison.
Current Status
The man destroyed cemetery and is getting away with because of
politics.
Update - 4/28/2000
Eugene went to court for destroying Cemetery. He signed a diversion
order as follows...
Case NO. 00-M-00022
Commonwealth of Kentucky v. Eugene Todd Diversion Order
The
Defendant, Eugene Todd, having been charged with DRS 525.115 Violating
Graves and the Commonwealth having moved for an order
of diverting prosecution for two (2) years, and
the Court being sufficiently advised;
IT IS HEREBY ORDERED that prosecution of the Defendant, EUGENE
TODD, be diverted for a period of two (2) years
from the date hereof on the following
conditions:
1. The area containing the Pickett Cemetery will be sowed down in
permanent cover and secured to prevent erosion
until permanent cover is established.
2. The boundaries of the Pickett Cemetery will be marked
sufficiently for future identification.
3. No cultivating, growing of crops or grazing of livestock shall
take place within the cemetery boundaries. If
livestock are placed in the field, the cemetery
will be fenced.
4. A careful search will be made throughout the cleanup area for
any pieces or remnants of tombstones and if
located, these will be placed within the
cemetery boundaries.
5. No further offenses shall take place.
6. Descendants of persons buried in Pickett Cemetery shall be
allowed to place monuments or tombstones within
the boundaries of the cemetery. (It has been
pointed out that military or historical monuments or grave markers have been available in the past.)
After a period of two (2) years with no violation of this order,
this action will be dismissed with prejudice.
Entered this 19 day of April 2000.
As you can see, Mr. Todd got away with bulldozing the cemetery. He
does not have to replace the monument nor
re-write his dead to include the cemetery.
Hopefully, we can mark this cemetery so it won't be destroyed any
more in the future; however, it is obvious the county attorney does
not take KRS525.115 that seriously. It has just
been amended to say that it is a felony and that
cemeteries have to be restored in KY. Evidently the legislature
take the law a bit more seriously then the county attorney, Michael
Hogancamp.
The persons destroying the graveyard, (Bulldozing Company) has been
given to the county Attorney. He has not
followed up on this yet. Who knows if he will.
Update - 6/20/2000
It has come to out attention that shortly after the disposition of
this case, Mr. Todd passed away. Saving Graves would like to extend
our deepest sympathy to his family and friends.
