'Losing her again' Houston couple suing after daughter's ashes stolen from SE Houston cemetery

HOUSTON, Texas (KTRK) -- A distraught Houston couple is suing a cemetery a year after the urn containing their daughter's ashes was stolen, according to a new lawsuit.

The lawsuit seeks at least $1 million in damages from Forest Park Lawndale and its parent company, Service Corporation International.

Obed Rosales says his daughter, Ariana, was delivered stillborn in 2015.

"I did feel like a failure because I wasn't able to protect her," Rosales told Eyewitness News.

The father said he believed that his daughter would be safe in her final resting place inside a mausoleum at the cemetery. Last year, he learned he was wrong.

Sometime before or after Jan. 26, 2024, records state that someone smashed the glass display case that held his daughter's ashes, along with two others.

"It's losing her all over again," Rosales said.

His daughter's urn and the ashes they contained are still missing to this day.

"Losing her again has brought back that feeling of helplessness. As a father, I couldn't protect my child," Rosales said.

After going a year without answers, Rosales said he felt he had to take legal action.

"We want to know why it happened. We want to be able to prevent it from happening to other families," Rosales' attorney, Omar Khawaja, said.

The lawsuit claims that crime is rampant at the cemetery and that security is remiss.

In April, we reported on how thieves had stolen a purse from a grieving woman's car.

In the second half of 2024, police said they responded to six car break-ins and one theft at the cemetery.

"If they had taken measures to have surveillance, a lot of things wouldn't have happened," Rosales said.

However, the cemetery said they do not have cameras on the premises.

On Friday, Forest Park Lawndale released the following statement:

"Theft of any kind is unacceptable, but the theft of a final resting place is particularly heartbreaking. We have implemented several measures over time to help increase security, including additional cameras, limiting access to the park and extra patrol by law enforcement. We encourage visitors to the park to be vigilant and always notify the office of suspicious behavior, and, as always, we urge anyone with information about theft of any kind to report it to law enforcement."

The Harris County Precinct 6 Constable's Office confirmed it took a report on the urn theft last year but did not provide any updates on the case's status.

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