Saturday, May 24, 2008

Dad is grateful law protects memorials

Clara Garcia News-Bulletin Staff Writer; cgarcia@news-bulletin.com

When Katherine Ortega died eight years ago in a single-vehicle accident on Interstate 25 south of Los Lunas, her family was devastated.

But what made matters worse was, a few months after the tragic accident, someone vandalized the wooden cross that her father, Frank, and erected at the site as a memorial to Katherine. Shocked that someone would desecrate the descanso, the family didn't give up and put up another cross — this time one made of metal.

"We had put up the wooden one three or four days after she had died," Frank said. "The reason was because that was the last place that my daughter was at. I always felt really bad because we weren't right there to be with her. I wanted to remember her, and it's just a symbol to mark the last place where she was alive."

Along many highways, modern day descansos stand as symbols for life, death and remembrance. The crosses are shrines to express the loss of a loved one who died, most often, in a vehicular accident.

One of the theories is the tradition of descansos can be traced back to the days when the Spanish conquistadors came to the Southwest in search of new land. As soldiers were killed or died for other reasons, they were buried and a cross was set to mark the grave.

Three years after his daughter had died, Ortega said he had received a phone call asking if he had taken the cross down. He hadn't — but someone else had.

"I went to the site and sure enough, someone had worked it off until the metal broke," Ortega said. "I was outraged. It was like going through her death all over again. It was hallowed ground to me, and when they did it, I just felt it was an act of hatefulness."

Upset about what had happened, Ortega called the police, hoping something could be done about the vandalism. He said while the police were very understanding about it, they told him they couldn't do anything because it was basically abandoned property and there was no law protecting it.

"After that, I made it my mission to make sure that these crosses must be protected," Ortega said. "Not only is this our heritage, but it's something that we cherish. It seemed to me that whoever did this wanted to cause pain."

At the time, Ortega's cross was not the only memorial taken. Crosses from Socorro to Albuquerque were reported missing. A few months later, Ortega received a phone call from a man who was horseback riding and had found dozens of crosses at Nine Mile Hill west of Albuquerque — including the one that had marked the spot where his daughter had died.

"I brought a few back and put them back where they belonged," Ortega said. "We let people know that the crosses had been found through the media, and a lot of people went and retrieved their crosses."

Ortega's outrage over the stolen crosses led him to take action. He not only contacted his legislators, but also the governor, pleading for help. He wanted someone to advocate on behalf of families whose roadside memorials were in jeopardy.

"It took several years, but State Representative Miguel Garcia of Bernalillo County picked up the ball and introduced a bill last year to make it a crime to desecrate the roadside memorials," Ortega said. "It was so important because it affected all the families, and I felt something had to be done.

"They're not abandoned property because anywhere in the state, you'll see flowers at the memorials. People take care of these — just like gravesites. Because, to them, this is a special place where their family members were last alive."

According to the act, anyone who defaces or destroys a descanso placed alongside a public road could be convicted of a petty misdemeanor. A person convicted on a second offense will be facing the consequences of a full misdemeanor.

While Ortega still mourns the loss of his daughter, he's happy that the cross that marks the area where she died is protected.

"It's something that has to be protected — it's important to the people who put it there," Ortega said. "We were ecstatic when the Legislature passed this bill because we felt someone listened, and they thought it was just as important. They (descansos) really do mean something — they're not only a symbol for families, but it's part of who we are."

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