Killer's Remains Removed from Arlington

Sin Lucas
Russell Wayne Wagner was convicted in 2002 of stabbing an elderly couple to death. He was sentenced to life in prison and that's where he spent the rest of his life, but before turning to a life of crime, Wagner was a Vietnam Veteran and was honorably discharged from the Army in 1969.

In 2005, Wagner died in prison of a heroin overdose and due to fact that he was honorably discharged from the Army, Wagner qualified for interment at Arlington National Cemetery.

To be buried at Arlington is a great honor. More than 300,000 people are buried there. Veterans from all the nation's wars are buried at Arlington along with some of the nation's most prominent figures such as John F. Kennedy and Thurgood Marshall just to name a few. However, the family of Daniel Davis, 84, and Wilda Davis, 80, who were stabbed to death in their home by Wagner, fought to keep that honor from being bestowed upon the convicted killer.

There is a law on the books that prohibits people convicted of capital crimes and sentenced to death or life imprisonment without parole from being interred at military cemeteries. However, Wagner was a Veteran so that law didn't apply to him and he was buried at Arlington on July 27, 2005, at his sister's request. He would have remained there if it wasn't for a law signed in January that bans burial at national cemeteries for Veterans convicted of capital crimes. The law signed by President Bush eliminated the loophole that allowed Wagner's remains to be placed at Arlington.

According to CNN, Bush signed another law on Friday and this order included a specific order to remove Wagner's ashes. His ashes will now go to next of kin or the Army will have to make arrangements for his remains.

Published by Sin Lucas

Sindy is the editor-in-chief for The Silver Tongue. Visit them daily at www.thesilvertongueonline.com.  View profile

11 Comments

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  • arthur caldwell12/29/2006

    Timothy McVeigh also served his country and also was honorably discharged from the army. any veteran of the armed forces honorably discharged is eligible to be interred at arlington national cemetary; however, that law that you speak of was created shortly before McVeigh's execution because the subject came up that upon his death, he requested to be buried at arlington. just because you served honorably in the armed forces that does not give you a "right" to be buried there. you are "eligible" to be buried at a military cemetary, it is not a "right". what the government did in this case was correct, as arlington national cemetary is a sacred ground for military heroes, and if you commit a capital offense, you should not be eligible to be buried there.

  • Miri Himes12/28/2006

    Great article! As a Veteran myself this is a tough subject. He did serve his country and was honorably discharged, but I can see both sides. I do think it is wrong to remove him after the fact though.

  • Randy Inman12/28/2006

    Nice article. I agree with the law but am not sure if they should remove him once he is already there.

  • Beth Callahan12/28/2006

    Interesting article. I can't help but wonder why he was discharged, maybe a tramatic event in war that my have mentally damgaged him ( meaning the mental health problems a lot of soldiers have when returning from war) which may have caused him to murder. I am not sure of my opinon on this subject! Thanks for giving me something to ponder today! :)

  • Rain12/28/2006

    Great article Sindy. Its a very sticky subject but I think he lost his right and honor when he took two lives. It will be interesting to see how this plays out with other soldiers b/c this will come up again.

  • Jerrell Ellerbe12/28/2006

    Amazing how much control the government can have on you at life and at death.

  • Catherine Neal12/28/2006

    What they are doing is aweful. He earned the right as a veteran to be buried there. I just love these laws that Bush and goverment officials are passing that are retroactive. Yes, the guy did kill two people, I don't agree with that at all but if he passed away before the law was signed then it should not purtain to him.

  • Terry Sutton12/27/2006

    He may have served his country but he took away from it too by killing those two people.

  • Sindy Lucas12/27/2006

    It's such a sticky subject. On one hand he did serve his country and my dad is a veteran. He served this country for most of my life and his. Joined the army when he was 17 and if it was him then i would want that honor for my dad, but then i think of the family and i say, should he receive this honor? It's complicated.

  • Antoinette McGowan12/27/2006

    Privledges can be taken a way. Earned rights can not. What they are doing is wrong. The man served his country therefore earned the right to be buried there.

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