SUMMIT COUNTY, Ohio — It's been six, going on seven months, since 22-year-old Xavier Menefee's skeletal remains were found near a homeless encampment in Akron, and yet his mom still hasn't been able to put him to rest.
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"I miss him. I miss him so much," Menefee's mom, Trina Koon, told me on Monday.
Koon said she hasn't been able to fully grieve because she hasn't been able to retrieve her son's remains from the Summit County Medical Examiner's Office in the several months he's been there.
"It's because nobody else wants to drive their loved one to their final resting place, but I don't know anybody else that found out their son was in a burn pit. I don't know anybody else whose child was found as skeletal remains. And so, of course, somebody else would be fine with burying their kid, but I don't know anybody else who didn't get back all of their kid," Koon said.
Koon wants to personally drive her son's remains across state lines into Illinois to have what's left of him undergo the process of water cremation.
"I don't wanna put him in a retort. A retort's what they burn bodies in. Somebody already did that to my baby, so why should I do it again? I just want to bring him home," Koon said. "I've gotten my hopes up so many times that every time I get my hopes up, they throw up another hurdle."
Ohio Revised Code 3705.17 states, “The body of a person whose death occurs in this state shall not be interred, deposited in a vault or tomb, cremated, or otherwise disposed of by a funeral director until a burial permit is issued by a local registrar or sub-registrar of vital statistics.”
While a family member technically could transport remains within the State of Ohio, that family member would still have to obtain a burial permit to do so.
"This is routinely achieved by working with a local funeral home so that the permit and proper container are in place. Under state law, that family member must identify the intent for final disposition of the remains, with the assistance of a funeral director, in order to obtain a permit," a Summit County Medical Examiner's Office spokesperson told me.
The medical examiner's office said transporting remains to another state provides more of a challenge.
"Transporting remains outside of Ohio also requires compliance with the laws of the states which the transporter will be traveling through and the state of destination. These laws focus on public health and preservation of the dignity of the remains. Failure to comply with state requirements such as these could result in criminal acts. Once again, this is routinely achieved with the assistance of a funeral home or mortuary transport company," a spokesperson said.
The Summit County ME said it has not been part of the process of a family member transporting skeletal remains in at least 10 years.
A settlement agreement was sent to Koon this week.
Within five pages, the agreement legally outlines the process by which Koon can have her son's remains transported.
It also states the purpose of the agreement is to avoid "further controversy and expense" and to fully resolve all disputes.
"Koon and SUMMIT (Summit County Executive) further agree to refrain from publicly disparaging each other and its business," the agreement states.
The Summit County Prosecutor's Civil Division Chief, John Galonski, said, "The loss of a child is unimaginable, and our thoughts are with Ms. Koon as she grieves her son. We want to ensure that Ms. Koon receives the remains of her son safely and legally, in a manner that protects public health.”
Koon told me, "They took something that was just unbearable and made it a little worse. I don't understand. Now they want me to sign a paper saying that I'm going to hire someone else because they said so, not because everybody does that, not because it's the law, but because that's what they said I have to do."
Koon said she will not sign the agreement until the medical examiner's office proves that she's not the first to receive a document as such.
She has already been in contact with an Illinois funeral home, but said she doesn't trust a third party to transport her child's remains.
"Nobody signs an agreement saying we'll release once you tell us who's going to transport them. I already told you where he's going. This should be the end. I should be allowed to put my son to rest now," Koon said. "What's the big deal about this case, about my son, about me wanting to put him to rest? I'm not doing something that's grotesque or a threat or harmful. I'm not asking to put anyone at risk. I just want my baby."
Koon said she wants more communication from the county, as she claims it's been lackluster up until the point of us reaching out.
"Shouldn't they care about the people you're here to protect and serve, not muddy it and make things worse?," she said.
Her goal is to hopefully have her son's remains by the end of this year.
Once his remains have gone through the process of water cremation, Koon said his final resting place will be in a wooden box she made herself.
Inside the box are objects commemorating him, like his favorite t-shirts, a passport, a high school diploma, and senior year photos.
"That was my boy. He's handsome, wasn't he?," Koon asked as she looked at photos of her son.
Carved into the bottom right-hand corner of the box is Menefee's signature.
In May, Akron Police said two people had been arrested and charged with abuse of a corpse.
RELATED: 2 arrested after human remains found in fire pit near homeless encampment in Akron
We'll continue to Follow Through and check in with Koon for updates.
