Memorial cross for Utah Highway Patrol trooper killed in line of duty unveiled

Utah Cross 1

A memorial cross was unveiled in Southern Utah Friday in honor of a Utah Highway Patrol trooper who died last month after being struck by a vehicle while trying to alert motorists of a low-hanging power line.  A 14-foot-tall cross memorializing Trooper Eric Ellsworth was erected along Interstate 15 among 14 other white metal crosses already standing.  Each cross bears the name and badge number of a fallen Highway Patrol trooper killed in the line of duty, reminding the public of those troopers’ service and ultimate sacrifice.  The crosses, placed on private property owned by DATS Trucking located at 321 N. Old Highway 91 in Hurricane, face northbound traffic and can be seen just north of I-15 Exit 16.  Don Ipson, a state senator and president and CEO of DATS Trucking, said he erected the crosses in 2007, following a lawsuit that had been filed alleging the crosses – originally placed near the areas where the troopers had died – violated the U.S. Constitution. The suit argued that the placement of crosses on public land violates the principle of separation of church and state.  The American Atheists Inc. and three of its Utah members sued the state over the crosses in 2005.  They claimed the memorials suggested a state endorsement of Christianity. In 2010, the 10th Circuit Court of Appeals in Denver agreed and ordered the crosses removed.  State attorneys appealed that decision to the U.S. Supreme Court, but it declined to hear the case.  The Utah Highway Patrol Association said it had constructed the memorials in the Latin-cross shape, not for the purpose of endorsing any religion but because, in this roadside context, the cross, unlike any other marker, communicates to motorists passing at highway speeds the simultaneous messages of “death, honor, remembrance and safety.”  “Memorial crosses, in general, are secular symbols widely used to honor and respect the heroic acts and noble contributions of fallen public servants,” the Highway Patrol Association states on its website.  “Roadside crosses, in particular, are secular symbols widely used to memorialize, and generally understood to represent, traffic-related and other roadside deaths.”  When Ipson, an honorary colonel with the UHP, heard the crosses had to be taken down, he notified the Highway Patrol Association of his idea to put all 13 memorial crosses, at the time, on his business’ property and offered to pay for them.  Ipson and his family have been “unbelievable supporters of the Utah Highway Patrol,” UHP Col. Michael Rapich said Friday after Ellsworth’s cross had been erected.  “This is just one thing among hundreds of other things that they do.”  “You’ve been our champion in so many ways – we appreciate it,” Rapich told Ipson, adding: “This fight goes back a long ways.”  Ipson said supporting the Highway Patrol has been a life-long passion of his, adding that he personally knew two of the troopers whose names now appear on the crosses.  Ipson recalled being 12 years old when UHP Trooper Armond “Monty” Luke died in 1959 during a vehicle pursuit just outside of Panguitch, where Ipson grew up.  Years later, when Ipson’s son was 12 years old and his family returned to Panguitch, Ipson said Trooper Ray Lynn Pierson died of a gunshot wound within a few miles of where Trooper Luke had died.  Families of the fallen troopers have been appreciative of the crosses, Ipson said, adding that some families stop by to visit the memorial site from time to time.

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