Double Murderer Buried at Arlington

[marinemom]

Murder Case May Prompt Change at Cemetery
Senate Committee to Examine Rules That Permitted Killer's Burial at Arlington

By Tara Bahrampour
Washington Post Staff Writer
Wednesday, August 10, 2005

Russell Wayne Wagner, the convicted murderer whose ashes were deposited last month in Arlington National Cemetery, probably will not be going anywhere soon. But the controversy surrounding his final resting place might make it harder for others convicted of similar crimes to be buried there.

Wagner, 52, died in February while serving two life sentences for the 1994 murder of Daniel Davis, 84, and Wilda Davis, 80, in Hagerstown, Md. After their son objected last week to his parents' killer being interred in Arlington, the Army and the Senate Veterans Affairs Committee said they will take a deeper look at the issue.


Russell Wagner was a private in the Army during the Vietnam War and was convicted of a 1994 double murder in Hagerstown, Md. (Kevin G. Gilbert - Photo By Kevin G. Gilbert/herald)
Congress passed a law in 1997 barring those convicted of capital crimes from being buried in a national cemetery. The law was designed to block the possibility of Oklahoma City bomber Timothy McVeigh, a veteran, being buried at Arlington.

Wagner, an Army private first class, served during the Vietnam War and was honorably discharged in 1972. He was eligible for parole at the time of his death, which made him eligible for an Arlington service.

His sister contacted the cemetery, and on July 27, his ashes were placed in a columbarium as a bugler played taps and soldiers fired a salute. Army officials said there are no legal grounds to remove his remains.

But some now wonder whether the restriction should cover a broader range of criminals.

"This case certainly does present a question as to whether the existing policy would be sufficient," said Jon Towers, a spokesman for the Veterans Affairs Committee. "It can get pretty complicated, the more you try to swoop in on certain crimes that you want excluded."

Towers said his office received calls this week from veterans uncomfortable with the idea of a convicted murderer being laid to rest at Arlington, with some saying they would not like to be near such a person in death. He said the committee would examine the issue after the August recess.

When the original legislation was being considered, some veterans associations objected to placing any restrictions on veteran burials. The American Legion was one of these, said spokeswoman Ramona Joyce. She added that although the organization now supports the law, it does not want the eligibility bar raised.

"It's tragic what he did, but his military service is why he's there, and his military service is honorable," she said.

Joyce warned that tightening the restrictions could disqualify many veterans who commit crimes because of conditions related to post-traumatic stress.

"If they're going to start cherry-picking and move that line, they're not just pushing legislation, they're reacting to something," she said, referring to the publicity over Wagner's interment.

Vernon G. Davis, the son of Wagner's victims and a veteran himself, wants the ashes removed and the law changed. He said he spoke yesterday with the cemetery's deputy director, who he said was sympathetic but unable to help.

"His hands were tied," Davis said, adding that the only person who could remove Wagner's remains now would be his sister. She could not be located for comment.

In the meantime, Davis wants the restrictions tightened -- the line moved. "It surely can't be drawn where it is now, because it was made for one person," he said.

Joe Davis, a spokesman for the Veterans of Foreign Wars of the United States, said that his organization supported the 1997 legislation and would not necessarily support changing it.

"He served his country honorably in uniform. What he failed to do was to serve society honorably as a citizen," he said of Wagner, adding that the two sides posed a problem.

"If you looked up 'conundrum' in the dictionary," he said, "this should be the example for one."


And your opinion of this..............

[Osotogary]

Kind of sounds like any sort of Hall of Fame debate about the accomplishments of the sport figure on the field versus the off the field shennanigans of that same player, who ever that may be.
Except that I always thought that Arlington was sacred ground and should remain as pristine as can be. Conundrum is right. It's a tough call but he did serve honorably and that's the criteria at present.

[hrscowboy]

I have always believed that any national cemetary was sacred ground if we pass a law that does not allow this then it should be for all National Cemetarys not just arlington.. but then that would mean funeral homes would have to do a criminal background check on all veterans before there buried in a National Cemetary.

[Joseph P Carey]

If a DAV should be sentenced to prison for more than a year and a day, any disability check he receives would be forfeit, and he loses much of his VA Benefits. He is a convicted Criminal; Convicted of a Felony! It matters not what honors he received in any time in the Military; it matters only that he gave up his honor upon being convicted of a high crime!

Should this be true of the men and women disabled in the line of fire defending this country, or participating in its battles, why then allow a person that has murdered two elder human beings in their 80's to be interned as a honored person amongst persons of honor?

Last I heard was, that they were restricting burial in Arlington to persons that have been awarded Battle field awards, Bronze Star, Purple Hearts, Silver Stars, Commendation Medals, etc, and persons of more than one enlistment, or members of the Armed Services that were killed while in the service of their country, this due to a shortage of available space for burial!

How is it that they can take a man that needs no criminal records check, he was serving LIFE for Murder and he died in a Prison, as an honored man into the Fields of Heroes?

What next? Open the grounds to Dishonorable Discharges? How about men executed by Firing Squad for Treason or for Desertion? Shouldn't they be allowed a place of honor too?

My Dad is in Arlington! He deserves better company!

[Toby M]

My feelings exactly, JPC...the key word here being "Honor"! What kind of honor can one have by being convicted of murdering an elderly couple? The guy couldn't even vote...As far as I am concerned, his ashes should have been tossed down an outhouse! What gave his sister the right to think he was a hero or even deserved being buried at Arlington?

[tbruyle5]

I agree with JPC. A convicted felon should lose his rights to ALL VA benifits, including burial at a National Cemetery!!