Family's memorial to Jesus Huerta removed from Durham parking lot

tmcdonald@newsobserver.comJanuary 3, 2014 

DURHAM06-NE-121913-RTW

Evelin Huerta, the older sister of Jesus Huerta, holds a photograph of her brother during a candlelight vigil at the CCB plaza on Thursday December 19, 2013 in Durham, N.C. Huerta died of a self-inflicted gunshot wound while in police custody on November 19, 2013 in Durham, N.C.

ROBERT WILLETT — rwillett@newsobserver.com Buy Photo

— The family of the teen who died in the backseat of a Durham police car this fall is upset that a memorial to him at Durham Police Department headquarters was taken down without notice.

The memorial – which consisted of five handmade wooden crosses, pictures, a rosary and flowers – was placed on the curb at the edge of the parking lot where Jesus Huerta died on Nov. 19. Police say Huerta, 17, shot himself, even though his hands were handcuffed behind his back and he was not known to be carrying a gun.

Huerta’s mother, Sylvia Fernandez, placed flowers on the memorial on Christmas Day. When she returned on Dec. 30, the memorial was gone.

The next day, New Year’s Eve, the police department issued a statement explaining why.

“The memorial for Mr. Huerta was allowed to be placed in the police department parking lot as a courtesy to his family,” the statement read. “However, it was not our intent to allow it to remain indefinitely. The memorial was removed by department staff over the weekend after it was allowed to remain on site for slightly more than a week.”

Fernandez’s oldest son, Raziel Huerta, 27, of Durham, said his mother can’t understand why police destroyed the memorial.

“They just picked everything up and threw it in the trash,” Raziel Huerta said. “They could have at least emailed our lawyer and asked us to remove it. ”

Among the items in the memorial was a wooden cross made by Fernandez’s 11-year-old son, who painted the cross and then put Jesus’s name on it.

“They threw it away,” Raziel Huerta said. “It was rude and disrespectful. I drive all over Raleigh and Durham and see places where, when someone passes away, you got flowers, you got balloons and no one touches it. It was something where we could at least go and take flowers where he passed away.”

Durham Mayor Bill Bell said he learned Thursday that police had removed the memorial. He said he did not recall receiving any complaints about it being cleared away.

“Really, that’s something between the police and the family,” Bell said.

The death of Jesus Huerta has been the source of considerable controversy, questions and protest, including two marches in downtown Durham that have led to objects being thrown at police, windows shattered, police lobbing canisters of tear gas and arrests.

Huerta a sophomore at Riverside High School, was found shot dead while handcuffed in the back of a patrol car just before 3 a.m. after an officer had picked him up on a trespassing charge. Huerta’s family had called police because he had left home around 2 a.m. against his mother’s wishes and she worried for his safety.

Durham Police Chief Jose Lopez said it appeared Huerta shot himself in the head with a gun that was not the officer’s. Lopez said the State Bureau of Investigation has confirmed Huerta was wearing gloves and that the gloves had gunpowder residue on them.

Raziel Huerta said he never saw his younger brother wear a pair of gloves. He said his brother typically eschewed winter coats and would often wear a winter vest, T-shirt and shorts on days when the temperature was in the 40s.

“Mom would always tell him, ‘You need to put on a jacket, you need to put on a jacket,’” he said. “The police haven’t shown us the gloves he was supposed to be wearing. They haven’t shown us anything. We need proof.”

McDonald: 919-829-4533

News & Observer is pleased to provide this opportunity to share information, experiences and observations about what's in the news. Some of the comments may be reprinted elsewhere in the site or in the newspaper. We encourage lively, open debate on the issues of the day, and ask that you refrain from profanity, hate speech, personal comments and remarks that are off point. Thank you for taking the time to offer your thoughts.

Commenting FAQs | Terms of Service