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Berkeley police investigate possible illegal grave digging at Washington Park Cemetery

Kiesha Wayne said she stopped by a Steak 'n Shake where she works in Berkeley, Missouri, and couldn't believe what she saw across the street Tuesday morning.

ST. LOUIS — It was a disturbing and unsettling site for Kiesha Wayne.

Wayne said she stopped by a Steak 'n Shake where she works in Berkeley, Missouri, and couldn't believe what she saw across the street Tuesday morning.

"That's craziness. It's unreal," Wayne said.

Wayne told 5 On Your Side she whipped out her cell phone and started recording this video of two men she said were digging up a gravesite at Washington Park Cemetery in stifling heat.

Wayne said the men had been digging up the grave for the past two weeks and were there for hours on Tuesday.

"The real older man said that they paid somebody to dig up the body, but they got ripped off, so they took it upon themselves to dig up the body. I do feel sorry for the man whose loved one is or was buried there," Wayne said.

"I was amazed when I first heard the call. In 29 years of doing this work, we've never had any issues or incidents like that," Berkeley Police Chief Art Jackson said.

Around 5 Tuesday afternoon, officers went to the North County cemetery, saw the uncovered gravesite, a huge pile of dirt and confronted both men who are in their 70s. One of the guys had a long spade in his hand.

"What we were told at the time of the initial investigation is they wanted to take the body to a different, local cemetery. Right now, we don't know why. They were taken into custody and then we had to release them just because of their ages and the fact that they were in that heat, " Jackson said.

Police said one of the men is from Houston, Texas, and his friend lives in north St. Louis County.

5 On Your Side blurred their faces during our broadcast report because they have not been charged.

"They sure had some mental toughness about them. It's really sad that it has come to this,"  Jackson said.

Washington Park Cemetery is a 103-year-old, predominantly Black cemetery. Kevin Bailey told 5 On Your Side his Amazing Grace LLC has owned the cemetery since 2009.

Bailey and his attorney, Craig Smith, who didn't want to talk on camera, said the Texas man "bought the plot, owns it and can do whatever he wants to it."

However,  Jackson said under Missouri law to exhume a body from a grave one must have a state order, which Jackson says the two men did not possess.

"Again, we are still investigating this. Prosecutors are also still reviewing the case. The men could be charged with "destroying or desecrating cemetery property which is a misdemeanor offense. If they came in contact with human remains, then they could face felony charges," Jackson said. 

"I wouldn't say charge them, but maybe get them some help. It's just so extreme and really said," Wayne said.

Aja Corrigan, the president of The St. Louis Preservation Crew, provided the following statement regarding the incident:

"The ongoing desecration and lack of accountability of Washington Park Cemetery is unacceptable.  Our local leadership should immediately acknowledge this mental and emotional community trauma and work towards the solutions that have been proposed.

"The Washington Park Cemetery heritage site continues to undergo extensive desecration and regress due to vandalism, drainage issues/blockage, negligence and abandonment. As you read this, hundreds (if not thousands) of ancestral markers are disappearing underground, including military memorials and an entire infant section. (Some stones are as big as a 1000lbs.)

"Although St. Louis has a long history of dishonoring sacred grounds - from destroying Big Mound (and others), to trash being dumped at Greenwood - we are disappointed by the lack of progress, preservation planning and commitment that Washington Park requires and deserves. 

"We will remain vocal about the disrespect for our cultural monuments, victims of community trauma, civil rights leaders and influencers, and their legacies and historical value. We also recommend real-life, actionable plans for restoration and solutions to a decades-long dilemma. And we will continue to assist descendants and the community in their advocacy of this long overdue mission."

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