BERKELEY, Mo. — A Texas man is accused of trying to dig up the remains of his grandmother in a suburban St. Louis cemetery with the intent of relocating her remains to another cemetery, authorities said.
Prosecutors this week charged Zebulon Nash, 73, of Houston, and his friend, Jimmie V. Allen of Ferguson, Missouri, with attempting to destroy or deface cemetery property, the St. Louis Post-Dispatch reported. The misdemeanor is punishable by a year in jail and a $2,000 fine, according to the newspaper.
Nash and Allen were stopped by police at Washington Park Cemetery in Berkeley, Missouri, on Aug. 22, according to the Post-Dispatch. A woman had seen the men digging, filmed their activity and contacted authorities to complain, according to the newspaper.
According to KSDK-TV, the two men were “covered in dirt” and Nash was speaking on a cellphone. Allen was nearby throwing dirt from a gravesite. Nash told the officers that he was digging up his grandmother’s body to relocate it, and that Allen had been helping him for the past few days, the television station reported.
The cemetery is a 103-year-old, predominantly Black burial ground. Kevin Bailey told KSDK that his company, Amazing Grace Enterprises LLC, has owned the cemetery since 2009.
Dan Newman, a longtime volunteer at the historic cemetery, said Nash wanted to relocate relatives to a small Catholic cemetery in Hazelwood, where he owns several lots.
“He was very close to his grandmother, who died in 1964, and wanted her to be buried with the rest of the family,” Newman told the Post-Dispatch. “It’s just a personal preference that he has.”
Craig Smith, the attorney for Amazing Grace Enterprises, said the company was surprised the two men had been charged, believing they had taken the proper steps to remove the woman’s remains.
Nash paid $28,000 to hire a removal service and a funeral home to move the bodies of four of his relatives, Smith told the newspaper.
The removal service found three of Nash’s relatives but was unable to locate his grandmother.
“I think the body is in the wrong place,” Newman told the Post-Dispatch.
So Nash took matters into his own hands once the removal service left and began digging at the cemetery, which has fallen into disrepair, Smith said.
Nash “bought the plot, owns it and can do whatever he wants to it,” Smith told KSDK.
Berkeley Police Chief Art Jackson disagreed, telling the television station that under Missouri law, a person must have a state order to exhume a body. Nash and Allen did not have one, the chief said.
Smith said when he was contacted by police in August, he explained that Nash had followed the proper protocol, the Post-Dispatch reported.
When he was contacted by police in August, Smith said he explained that Nash had gone through the proper channels by using a funeral home and removal service. He said he thought the matter was over.
“It’s pretty unbelievable they would charge them,” Smith told the Post-Dispatch on Thursday. “They obviously haven’t gotten the right story. It’s nuts. This isn’t some guy digging up his mom with a shovel. Maybe the true story didn’t get passed up the chain of command.”
Berkeley police did not return calls to the newspaper seeking comment
Nash is expected to appear in court on Dec. 12 for a plea hearing, KSDK reported. It was unclear when Allen was expected in court.