The Senate has passed a bill sponsored by U.S. Senators Ted Cruz and John Cornyn, both Republicans from Texas, that would require the disinterment of Fernando V. Cota from Fort Sam Houston National Cemetery in San Antonio. Cota, who was drafted into the U.S. Army and served in the Vietnam War, was later convicted of rape and suspected in multiple murders.
Senator Cruz stated, “A convicted rapist should not be buried with honor among our nation’s heroes. I’m encouraged the Senate unanimously passed this legislation to exhume Fernando Cota from Fort Sam Houston National Cemetery, and I urge the House to do the same to right this wrong.”
Senator Cornyn said, “Fernando Cota faced multiple sexual assault and rape allegations and was the prime murder suspect for half a dozen women after his transition to civilian life. While current law prohibits such a disreputable person from receiving the high honor of being buried amongst those who valiantly served our nation, my legislation would correct this oversight and ensure Cota’s remains are no longer beside those who lived lives worthy of memorial at Fort Sam Houston.”
The measure directs the Secretary of Veterans Affairs to remove Cota’s remains following requests from families of alleged victims. After serving in Vietnam, Cota faced several sexual assault allegations and became a suspect in six murders in San Jose, California. He was convicted for attacking a nurse in 1975 and spent nearly twenty years in prison before being released on parole in 1983.
In 1984, police stopped Cota for erratic driving; he then took his own life. Authorities discovered the body of Kim Marie Dunham in his vehicle and later found evidence at his apartment linking him to other crimes.
At present, federal law (38 U.S. Code § 2411) bars burial honors for individuals convicted of certain crimes, but these rules did not apply until after 1984. The legislation references similar actions taken regarding Andrew Chabrol and Michael Alan Silka.
Senator Ted Cruz has been re-elected several times by Texas voters, most recently defeating Colin Allred in 2024 with 53.1% of the vote over Allred’s 44.6%. In previous elections, Cruz also won against Beto O’Rourke in 2018 with 50.9% of the vote and Paul Sadler in 2012 with 56.5%.
