Funeral Halted by Police

POSTED: Monday, June 21, 2010 - 10:30pm

UPDATED: Friday, August 27, 2010 - 11:48pm

EL PASO - Police were called to Mount Carmel funeral home to enforce a court order that stopped a service Monday evening.

Police blocked the doorway of the funeral home after receiving court orders to stop the services for David Torres.

Torres was killed in a motorcycle accident in Austin last week.  The fight is over his remains.  His ex-wife, along with his estranged father were granted a court order that stopped Torres from being cremated.

His ex-wife wants 100% of his ashes sent to Belen, New Mexico were he's from.  But his friends and common-law wife of four years want to split his ashes and keep half here in El Paso.

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so i guess everybody had something to say and yet everybody got to go on with their lives. since so many people have decided liz is such a horrible person, it strikes me as kinda funny that she is quietly making payments on funeral costs and everything else. she is smiling one minute and the next minute crying for david like i have not seen anybody cry. i dont see her spending any life insurance money or having any gains out of this horrible situation. so please refrain from judging her!

What has this world come to? It sickens and saddens me what people have come to...this world is in self destruction mode. Let him rest in peace, wherever, however. You people are sick

This is so sad that his ex stills continues to hurt this man,and yet you call yourself a catholic yea right.The brother,you haven't been in his lfe for more than 8 years,your not his brother.You never even called him on his birthday or even to say hi,and yet you want to fed ex his body to New Mexico.Let the man Rest In Peace.God help you all,because you all really need him.David had so much love to give,but you didn't give him the support that he needed as a family.You all need God's help.

why is everybody making my friend out to be like a monster. this woman had been with him thru all the trials and tribulations he had to go thru at times with the ex-wife. i am really not sure, he would want her to decide. they split a household, finances and everything a married couple does. what do you people mean, are we sure, she is a common-law??? i think, just like everybody in this situation, she has suffered enough, let's give her some sympathy and respect too. david would for sure!!!!

Then why didn't the "common law wife" respect his daughters? Why did she make all the arrangements on her own leaving out all crucial people who would have wanted to be in the planning process? It doesn't matter what happened in the past.That was between David and Barbara. Did you know that one of his important next of kin was out of town and needed to be present for the planning?If there was one ounce of respect for his daughters, none of this would have happened. We need to pray hard for them!

LEGALLY the EX-wife has no bearing on where her ex-husband is laid to rest. A common law wife is a wife in all aspects. If a common law couple separates, they can go through a very real divorce. However, I do not necessarily agree with what the common law wife is doing. Unfortunately what is LEGAL and what is MORAL can be two completely different things. Dividing the ashes is horribly immoral. Hopefully the common law wife will stop being so selfish and what is morally right and end the legal BS

I understand that Texas Law is that a couple has a Common Law Marriage if they have the following:
1. Lived in the same residence for 1 year.
2. File tax returns together.
3. Must refer to each other as "wife" and "husband."
4. Share utilities, credit cards, mortgage or rent for 1 year etc.
I understand from a reliable source that David lived for only 6 months exclusively with this woman.
Hey KTSM staff, can you have a story on explaining the Texas Law of Determining Common Law Status?

either way my he rip and my god bless his family & friend

I agree!

As David's older Brother I will be happy to set you all straight! David's ex-wife has plenty of rights considering she is the Mother of his childern. She may not have LEGAL rights but come-on, give her some consideration. This supposed, common-law wife has NO legal rights at all. Does she have a will filed by my brother before he passed?? My brother's memorial should take place in the Church he was babtized in-in Belen, NM and he should be buried in our family plot-in Belen.

So you think that because you share DNA you are his BROTHER?? What have you done for him lately?? You and your so called FAMILY as so full of it. None of you wanted anything to do with him while he was alive and now you want to claim RIGHTS? And BARBARA should have been charged with ABUSE years ago. She will use those beautiful daughters of David's for what ever she can get. Let's face it - he MEAL TICKET is gone and she's trippin!

Let's see, David died on a Sunday night, by Monday, not one of you loved ones took the time to fly or drive to Austin to see David. David's friend stayed by his side until his body could be flown back to El Paso on Thursday. Anthony, said "David would be cremated and Fed-Ex'ed home." A lot of compassion and love there. His words, not mine. Anthony said he only learned that David had been divorced at the end of last year, but he had been divorced since 2004. A lot of communication there.

You're the older brother, Timothy, that had not seen or talked to David in 8 years because you were too cheap to pay for your own way to your mother's funeral. The brother that David had to pay his expenses to make you come down from Nevada. The same bother that your father said on Friday was to broke once again to come down to see David after his death. Real love there, huh BRO!! David hadn't spoken to you, or Anthony, or his dad in 8 years and now you care. Yeah real family ties.

What part of EX WIFE, do we not get.... The funeral was already underway, The SUPPOSED COMMON LAW WIFE, is who he was with till the end,,, not the EX WIFE.. not the asstranged "Family".... just let David Rest in Peace...

The rule of law is the Will. By law the Will has to and will be followed, simple as that. Non-family members (ie, best friend) should butt-out. You legally have no business in this. Get a life! Follow the will ASAP and let poor David rest in peace.

I've known Dave for the past 22 years, before during and after his marriage. I have watched his girls grow up since they were babies and I know in my heart he would ONLY want their wishes to be met. His girls meant everything to him and if they feel so strongly about him being laid to rest in Belen, then that's where he should be. I know he's been living in El Paso for the past 6 years, but his home has always been in Belen. Let him go home and may he rest in peace, next to his Mom and siblings.

There was a will and it should be honored, along with David's memory. His family should've made the decision in the first place. His father and family have made the decision to bury him next to his mom and that should be the end of it period! Others involved, including friends should just bow out and butt out. This suggestion of splitting the ashes only shows the selfishness of those involved. If he has wasn't going to be cremated, would those selfish individuals be asking for half of his body?

The only reason a decision about the ashes was made was so that the Rosary would continue and that the 300+ people that attended could pay their respects to David. The selfishness should be directed at the people, Gilbert and Barbara, who stopped a Rosary and a Mass for David, where he would have been prayed for. Where were all of you when Barbara dragged him to court and bankrupted David? Where were you when he needed a place to live, sleep, and to see his girls?

A Friend, you must know quite a bit about the relationship problems he had with his ex-wife. You do not mention anything about how you feel about his daughters. Did you know them? Do you believe in Liz's choice to split his ashes so he is buried in 2 places? Why can't you put aside the issues David had with his ex-wife and support what his daughters want. Why is Liz adamantly against David being buried with his mother? It's only 4 hours away. David is now gone. No one has won.

We were there supporting David when we saw him. Where? I am not going to say. He shared some of his private life with those he TRUSTED. He did share some of it with me. We helped him when he needed help. Others stood by him in ways I am not aware. It is none of our business to dredge up circumstances of the divorce on a public forum where his daughters can read this. It was between them. I stand by my comments about David's daughters should decide. They need to grieve their father in peace.

I would like to add that there were a LOT friends who were at Mt. Carmel Funeral Home where the services were going to take place.I was impressed by the number of professionals, coworkers, and bikers who were present and who knew David. We knew David and his daughters. The overall feeling of the events that happened yesterday was incredible sadness. It is hard to say goodbye to a friend in these circumstances. As I said earlier, the daughters or their representative should decide. End of story!

Yes, BUT when the Ex-Wife and father are acting on behalf of his 2 daughters who are minors, they should have the right to intervene on their behalf. I think we should all support David's daughters and they should be the ones who make the decision where he is laid to rest. The feud is unneccessary and appalling. Also, splitting the ashes is uncalled for and an insult to David's Memory. BTW-is there a will? Are you very sure this lady is a "common-law wife?" This is incredibly sad!

The ex-wife has NO right b/c she is the EX-wife.

My Goodness! Let the guy rest!

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