County deputies are investigating the removal of stones marking graves dating back to the early 1800s in Elm Grove Cemetery, southeast of Muskogee.

Their report is to be sent to Muskogee County District Attorney Larry Moore upon completion.

Complaints from citizens of the Elm Grove Community to the sheriff and the Cherokee Nation prompted the investigation.

Cherokee Nation attorney Linda Donelson wrote caretaker Virgil Sallee of the “enormous distress” to many family members over the removal of markers and the desecration of loved ones’ graves.

Her letter cited state law that provides penalties for “destruction, mutilation, defacing, injuring or removing any tomb, monument or gravestone or other structure placed in any cemetery or private burying ground ....”

The Cherokee Nation has ground penetrating radar to locate unmarked graves. That equipment has been requested for use at the cemetery, Donelson wrote.

She asked if Sallee could assist in locating those responsible for the destruction of the grave markers and encourage them to replace the markers.

Muskogee County Deputy Jeff Smith said Sallee told him he removed the markers and replaced them with PVC pipe crosses.

“Sallee said he was cleaning up the cemetery,” said Muskogee County Sheriff Charles Pearson.

The rock markers were back in place Thursday, but if they are all back where they came from is a question, said Deputy Jeff Smith.

Sallee said Thursday he was just trying to make the cemetery look better and be easier to mow. He said he put the rock markers back where they were “the best I could.”

The rock marker incident caused a great deal of stress in the community, which is trying to get back together, Sallee said.

“We’ve almost got it settled,” he said.

Former longtime volunteer caretaker Jane Roberts didn’t want to talk about the issue Thursday.

“This has been a headache — and I don’t want to say a thing,” she said.

Sallee told Smith the rocks sometimes fell over in high winds and mower blades ran into them.

“A lot of stuff has been replaced, and we want to make sure it’s put back where it’s supposed to be,” Pearson said. “Some people are furious — they want him in jail yesterday. Others say it never looked better (when crosses replaced the rocks on Memorial Day).”

Sherry Eubanks, who lives near the cemetery and has many relatives buried there, said some people who were upset now realize Sallee didn’t know he wasn’t supposed to remove the markers.

None of the markers removed had names on them — they were just rocks, Smith said, pointing them out.

“I can assure you there was no hint of malicious intent by those who removed the stones,” said Muskogee County Commissioner Gene Wallace.

Much of the work done at the cemetery is by volunteers doing a “laborsome job,” Wallace said. About 15 people are buried at the cemetery each year, Wallace said.

There are about 493 grave sites in the cemetery, according to records available, Smith said.

There are probably 150 rural cemeteries in Muskogee County, Wallace said. About 75 of those are active cemeteries.

“The rest are out in the woods and are family cemeteries,’ he said.

Smith said his investigative report should be completed this week.