Rodney Lyle Scott, 34, of Byers was charged with desecrating venerated objects after he allegedly dug up and carted to the dump a roadside memorial at Interstate 70 and Colfax Avenue.

Adams County District Attorney Bob Grant said he hadn't seen Judge Jeffrey Romeo's ruling but would consider appealing.

Romeo's ruling came during the trial after a motion was made to acquit Scott on grounds prosecutors had not proven their case.

The memorial in the median where Colfax splits off to the left from westbound I-70 consisted of a cross made of two-by-fours along with planted and potted flowers. It was put there shortly after the March 18, 1999, car crash death of Brian Rector, 18, at that location.

Deputy Richard Benson of the Adams County Sheriff's Department testified Thursday that after Scott was accused of destroying the memorial in April 2000, he admitted digging up several other memorials near Watkins, but not this one.

"He told me he was tired of seeing them and being subjected to everybody else's grief," Benson said. "He said he felt like he was driving through a graveyard on his way to Aurora."

While the prosecution said Scott had destroyed a venerated object, Charles Breeden, Rector's stepfather, said the cross in the memorial wasn't meant to be religious or venerate.

"I'm not religious," Breeden said. "My son was not religious. It was just something a friend made."

Colorado Department of Transportation spokesman Dan Hopkins testified that the agency has no policy on roadside memorials, can't give anyone permission to put one on state-owned land, and that if someone complains about one, CDOT workers would remove it.

He also said there had been two complaints about the memorial erected for Rector before it was removed.

In making his ruling, Romeo said there was no evidence that the memorials are venerated objects. He also noted that CDOT treats the memorials as abandoned property, the memorials violate litter statutes, and they also violate laws against traffic obstructions.