(WNY News Now) – After 15 years of waiting, 2-year old Auston J. Morales’ grave was adorned by a headstone provided by his aunt. One month later, it was gone.
Jamestown, N.Y. – The family of Auston J. Morales has been heartbroken once more. On October 16, 2009, while in the custody of his father, Jamestown police officers and EMTs responded to a call reporting that Auston was no longer breathing and unresponsive. Auston was taken to WCA and then transported to Children’s Hospital in Buffalo, but he died the following day. He was 2 years old.
However, Auston’s autopsy determined that his death was not the result of natural causes, but of physical injuries that he had sustained. On March 29, 2011, Auston’s father, Agustin Morales, pleaded guilty to second-degree manslaughter.
For 15 years, Auston’s grave had been adorned only with a standard cemetery marker noting his name, date of birth, and date of death. Tired of waiting for a memorial to be installed, Morgan Olsen, Auston’s aunt, had a headstone commissioned and a foundation laid. The headstone was installed on May 16th, 2025, a few days before his birthday.
A month later, though, Auston’s biological mother contacted Lake View Cemetery, where Auston is buried, and told them that she wanted the headstone removed.
The cemetery told WNY News Now that when a contention is raised, New York State law dictates that biological parents possess the final authority with regard to the grave of their deceased children, with the authority passing to the next of kin if the parents are themselves deceased.
Because of this, the cemetery was legally compelled to have the headstone removed from the grave, noting that only Auston’s biological parents would henceforth be allowed to have a grave marker installed at his burial plot. Auston’s mother has ordered and paid for a new headstone, which should be delivered and installed over the summer. The cemetery sent Auston’s aunt a refund for her foundation order and has stressed that they have no part in this dispute, acting only as the law requires them to.
Clockwise From Top Left: Hayden, Auston’s Brother, Ryan, Auston’s Uncle, Nicole, Auston’s Step-Grandmother, and Morgan, Auston’s Aunt
The ordeal has torn open old wounds in Auston’s family, still heartbroken at his death. “I used to spend my lunch breaks there [at Auston’s grave]” said Nicole Olsen. “And there’s always just this little green plaque with a piece of paper inside it. The weather gets to it. And finally, we got a headstone, and now it’s gone, and it’s not fair.”
“My brother does not have a headstone after 15 years.” said Hayden Rodgers-Olsen, Auston’s brother. “My aunt bought one for him, so we can have a place to honor, remember, and grieve for him… We just want to do right by Auston.”
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