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They call what happened to Montez inhumane and unbelievable.

They city has called it criminal and asked the Hidalgo County Sheriff to investigate.

Norma Garcia says they bought four spaces at the cemetery more than 50 years ago.

Her mother Manuela Montez told them exactly what she wanted.

"She told us when she died, she wanted to be buried on top of my dad. That's what she wanted," says Garcia.

When she passed away in 2007, her family contacted cemetery workers to carry out her final wishes.

Things didn't go as planned.

"On the day of the viewing, the director came to me and said she couldn't be buried here because one of the representatives called him and told him that it was not deep enough for my mother," says Garcia.

The family asked if she could be buried in the family's fourth burial space, it was supposed to be empty.

That's when they found out a stranger had been buried in the plot.

"Because of what happened, she couldn't be buried here. We had to bury her at the other cemetery," says Garcia.

Manuela Montez was buried north of Weslaco, miles away from her husband.

Norma Garcia wants the city to pay to have her mother moved to the old city cemetery.

Richard Roth, the family's lawyer says it happened because record keeping at the cemetery was so bad.

"God only knows how bad they are. I have no idea," he says.

CHANNEL 5 NEWS first exposed the trouble at the city owned cemetery a month ago.

We showed you firsthand the poor record keeping, confronted city leaders to find out how it happened.

The city has since asked for a criminal investigation to be opened, two and a half years after the Montez family sued the city.

Weslaco City Manager Leo Olivarez tells CHANNEL 5 NEWS workers are having to review deeds dating back to the 1920's.

"The city absolutely had an affirmative duty to keep records. That may not have happened in every case, and so that's why we need to fix the problem that I think we created," he says.

The city has also created a cemetery task force. Workers will check every headstone and input information into a new computer program.

Richard Roth says the city needs outside help.

"My feeling is the only way to try to fix this, is for the city to turn everything over to say an arbitrator or a mediator, or somebody that can independently look at what records they do have, or come out here on the grounds and audit this place," he says.

The city says it's determined to fix the trouble.

"My commitment has been to do what we need to do to address every question that we can possibly address, because I would expect the same for my family," says Olivarez.

State law requires cemeteries to keep detailed records.

Those records must include the date the remains are received and buried as well as the exact plot where they're buried.

Workers who fail to do that can be criminally charged.

So far that hasn't happened in this case.

The city has fired the cemetery secretary and the cemetery foreman.