To Whom it May Concern,
I would like to report crime in Hanover County within the
Pebble Creek Subdivision located off of Mechanicsville Turnpike. The
crimes are taking place on two lots within this subdivision on Lake Haven Dr.
The matter in which the human remains are being removed with
a backhoe, garden shovels, and trash cans during the disinterment is
violation of the Code Of Virginia -
§ 18.2-126. Violation of sepulture; defilement of a dead human body;
penalties.
A. If a person unlawfully disinters or displaces a dead human body, or
any part of a dead human body which has been deposited in any vault, grave or
other burial place, he is guilty of a Class 4 felony.
B. If a person willfully and intentionally physically defiles a dead
human body he is guilty of a Class 6 felony. For the purposes of this section,
the term "defile" shall not include any autopsy or the recovery of
organs or tissues for transplantation, or any other lawful purpose.
(Code 1950, § 18.1-243; 1960, c. 358; 1975, cc. 14, 15; 1995, c.
306.)
A court order was issued which stated that a
representative from Woody's Funeral Home must be present while this was being
done. No one from Woody's Funeral Home has been present. Witnesses and
photographs can prove this.
The other crime connected with this is taking place at Hanover
Memorial Park Cemetery, located at 9066 Colonial Lane,
Mechanicsville, VA 23111
There are
presently six vaults sitting on top of the ground with the tops half off,
this is a violation of the Court Order. The Court Order states that such
location, removal and reinterment be accomplished with due care and decency.
It has not been legally determined who the landowner is since these graveyards
were excluded from sale. Also this is a violation of the Code Of Virginia -
§ 57-38.1. Proceedings by landowner for
removal of remains from abandoned family graveyard.
The owner of any land on which is located an abandoned family
graveyard, and there has been no reservation of rights in such graveyard, or
when the beneficiaries of any reservations of rights desire to waive such
rights, and in which no body has been interred for twenty-five years may
file a bill in
equity in the circuit court of the county or in the circuit or corporation
court wherein such land is located for the purpose of having the remains
interred in such graveyard removed to some more suitable repository. To such
bill all persons in interest, known or unknown, other than the plaintiffs
shall be duly made defendants. If any of such parties be unknown,
publication shall be had. Upon the case being properly matured for hearing,
and proof being made of the propriety of the removal, the court may order
the removal made and the remains properly deposited in another place, at the
expense of the petitioner. Such removal and reinterment shall be done with
due care and decency.
In determining the question of removal the court shall consider the
historical significance of such graveyard and shall consider as well the
wishes of the parties concerned so far as they are brought to its knowledge,
including the desire of any beneficiaries of any reservation of rights to
waive such reservation of rights in favor of removal, and so considering
shall exercise a sound discretion in granting or refusing the relief prayed
for.
(1966, c. 444; 1970, c. 377.)
One Hanover County official (John
Hodges) stated this matter was "under investigation" over a week
ago, however, digging has been continued even as late as yesterday afternoon
as witnesses will state.
I have been told that it was stated
"off the record", that the statement made by this official was
made only to "passify the community and media" and that no real
investigation is taking place.
where you can review a variety of documentation
and photographs relating to this. Should you have any further
questions, please contact me.
It is my sincere hope that the Virginia State
Police will look into this matter immediately. Thank you.
Sincerely,